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Rajasthan High Court · body

2019 DIGILAW 1446 (RAJ)

Birju v. State of Rajasthan, Through PP

2019-05-10

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record. 2. The petitioners have been arrested in FIR No. 113/2019 of Police Station Pilibanga, District Hanumangarh for the offences punishable under Sections 341, 323, 324, 325, 307/34 IPC. They have preferred these bail applications under Section 439 Cr.P.C. 3. At the outset, learned counsel for the petitioners has submitted that he does not want to press the bail application preferred on behalf of petitioner- Ranjeet at this stage, however, seeks liberty for him to file fresh bail application before the trial court after filing of the charge-sheet. 4. In view of the above, the bail application preferred on behalf of petitioner- Ranjeet is dismissed as not pressed at this stage with the liberty as prayed for. 5. So far as regarding the petitioners- Birju S/o Shri Sanischar, Beju S/o Shri Sanischar and Sushil S/o Shri Birju are concerned, it is submitted that though the allegations have been levelled against them that they inflicted injuries on the complainant party but the injuries are simple in nature. It is further submitted that as a matter of fact, it is a case of free fight wherein, both the parties had received injuries, which took place suddenly. 6. Learned Public Prosecutor has opposed the bail applications. 7. Having regard to the totality of the facts and circumstances of the case, after going through the case diary and after taking into consideration the fact that except injured- Paramjeet all the other persons of complainant party received simple injuries, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C. 8. Accordingly, the bail applications filed on behalf of petitioners Birju S/o Shri Sanischar, Beju S/o Shri Sanischar and Sushil S/o Shri Birju under Section 439 Cr.P.C. are allowed and it is directed that they shall be released on bail in connection with FIR No. 113/2019 of Police Station Pilibanga, District Hanumangarh provided each of them executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.