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2017 DIGILAW 2721 (RAJ)

Ganpat Singh Son of Khed Singh v. State of Rajasthan

2017-12-08

P.K.LOHRA

body2017
ORDER : P.K LOHRA, J. 1. Accused-petitioner has laid this second bail application under Section 439 Cr.P.C arising out of FIR No. 82/2017, registered at Police Station Sarwana, District Jalore, wherein he is charged for offences under Sections 341, 323, 324, 447 & 307 of IPC. 2. First bail application on behalf of petitioner was dismissed as not pressed with liberty to renew prayer for grant of bail after submission of charge-sheet. 3. Arguing on this second bail application, learned counsel for the petitioner has contended that now upon completion of investigation charge-sheet in the matter has been filed. It is also argued by learned counsel that in the FIR and evidence collected during investigation there are omnibus allegations of inflicting grave and serious injuries to the victim by petitioner and other accused persons. Learned counsel further submits that, as regard gravity of injury suffered by injured Bhagirath Ram, medical opinion is not clear and unequivocal, rather it is tentative. He has, therefore, argued that, prima facie, offence under Section 307 IPC is not made out against the petitioner. Lastly, learned counsel would contend that petitioner is under incarceration since 18th of September, 2017 and trial in the matter is likely to take considerable time in its conclusion, therefore, in the backdrop of facts and circumstances of the case his second bail application merits favourable consideration. 4. Learned Public Prosecutor has vehemently opposed the bail application of petitioner. It is argued by learned Public Prosecutor that looking to the gravity of offences, with which petitioner is charged, he is not entitled for bail. 5. I have given my thoughtful consideration to the arguments advanced at the Bar and also taken into account material change in the circumstances sought to be canvassed by learned counsel for the petitioner. 6. Having regard to the facts and circumstances of the case, while refraining to make any comment on merits, I feel persuaded to accept this bail. 7. Accordingly, the bail application under Section 439 Cr.P.C is allowed and it is ordered that accused-petitioner Ganpat Singh S/o Khed Singh, arrested in connection with F.I.R No. 82/2017, Police Station Sarwana, Distrct Jalore, may be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two surety bonds of Rs. 7. Accordingly, the bail application under Section 439 Cr.P.C is allowed and it is ordered that accused-petitioner Ganpat Singh S/o Khed Singh, arrested in connection with F.I.R No. 82/2017, Police Station Sarwana, Distrct Jalore, may be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two surety bonds of Rs. 25,000/- each to the satisfaction of 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.