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2016 DIGILAW 575 (RAJ)

Ganesh Ram v. State of Rajasthan

2016-04-26

SANDEEP MEHTA

body2016
JUDGMENT : Hon'ble MEHTA, J.—The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.85/2016, Police Station Pindwara, Sirohi, for the offence under Sections 302 IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner submits that even if the prosecution allegations are accepted to be true on the face of the record, the offence would not travel beyond Section 341/323 IPC. As per the admitted prosecution case, the petitioner and the deceased were grappling when the deceased Mohan Lal fell down and received the head injury, which proved fatal. He contends that as investigation is complete and charge-sheet has been filed and since the trial of the case is likely to take a long time, the petitioner deserves to be released on bail. 4. Learned Public Prosecutor vehemently opposes the submissions advanced by the learned counsel for the petitioner. However, he too is not in a position to dispute the fact that the highest prosecution case as set up in the charge-sheet is that the petitioner, who was grapping with the deceased Mohan Lal pushed him due to which, he fell down and as a result thereof received the fatal head injury. 5. In this background and having regard to the overall facts and circumstances of the case but without commenting on the merits of the case at this stage as the same is likely to prejudice the trial, this Court is of the opinion that it is a fit case for grant of bail to the petitioner. 6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Ganesh Ram arrested in connection with F.I.R. No.85/2016, Police Station Pindwara, Sirohi shall be released on bail; provided he furnishes a personal bond of Rs.40,000/- and two surety bonds of Rs.20,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.