Manohar Son of Shri Badri v. State of Rajasthan Through P. P.
2017-01-11
BANWARI LAL SHARMA
body2017
DigiLaw.ai
Order : 1. The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioners Manohar, Kaluram, Shankarlal, Hanuman, Pappu @ Sitaram, Ram Singh @ Ramu, Jagdish and Babloo in the matter of FIR No. 252/2016 registered at Police Station Todaraisingh, District Tonk for offences punishable under Sections 147, 148, 323, 341, 307, 302 and 149 IPC. 2. Mr. Biri Singh Sinsinwar Learned Counsel appearing on behalf of petitioners submits that co-accused Smt. Phoola @ Pushpa, Ram Prasad, Shankar Lal and Mukesh have already been released on bail by the Coordinate Bench of this Court and case of present petitioners is not distinguishable than that of them. There are ambiguous allegations against the present petitioners. They are in custody since November, 2016, investigation has already been completed and trial shall take its own time, therefore they may be released on bail. 3. Per contra Mr. Lokesh Sharma Learned Counsel appearing on behalf of complainant and Learned PP Mr. Rajender Raghav opposed the bail application and submits that there are serious allegations against present petitioners for committing murder of Jagdish and giving grievous injuries to Gopal, Satyanarayan, Durgalal and Ramnarayan, therefore their bail application may be rejected. 4. I have considered the submissions made at bar. 5. So far as petitioner no. 2 Kaluram is concerned since there is specific allegation that he got run tractor on deceased and deceased sustained three injuries on his left and right side of chest, nose and on legs, the fatal injuries are chest injuries which are attributed to Kalu Ram, therefore I am not inclined to allow the bail application of petitioner no. 2 Kalu Ram. 6. So far as petitioners Manohar, Shankarlal, Hanuman, Pappu @ Sitaram, Ram Singh @ Ramu, Jagdish and Babloo are concerned against all of them there are general allegation and their case is not distinguishable than that of co-accused Smt. Phoola @ Pushpa, Ram Prasad, Shankar Lal and Mukesh who have already been released on bail. 7. Hence bail application of petitioner no. 2 Kaluram is dismissed. 8.
7. Hence bail application of petitioner no. 2 Kaluram is dismissed. 8. On consideration of submissions made on behalf of and the material made available for my perusal, therefore without expressing any final opinion on the merit and de-merit of the case and considering the overall facts and circumstances of the case, I am inclined to grant benefit of bail to the accused-petitioners Manohar, Shankarlal, Hanuman, Pappu @ Sitaram, Ram Singh @ Ramu, Jagdish and Babloo 9. Consequently, the bail application filed under Section 439 Cr.P.C. of accused-petitioners Manohar, Shankarlal, Hanuman, Pappu @ Sitaram, Ram Singh @ Ramu, Jagdish and Babloo is allowed. 10. Therefore, it is ordered that the accused-petitioners Manohar, Shankarlal, Hanuman, Pappu @ Sitaram, Ram Singh @ Ramu, Jagdish and Babloo in FIR No. 252/2016 registered at Police Station Todaraisingh, District Tonk, shall be released on bail; provided they furnish a personal bond of Rs. 2,00,000/- each and two surety bonds of Rs.1,00,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.