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Rajasthan High Court · body

2019 DIGILAW 1580 (RAJ)

MOHAN RAM @ MUNNA RAM v. STATE OF RAJASTHAN

2019-05-21

VINIT KUMAR MATHUR

body2019
JUDGMENT : 1. The present 3rd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No. 64/2018, Police Station Balesar, District Jodhpur for the offence punishable under Sections 341, 323, 324, 326/34 & 307/34 of the IPC. 2. The Second bail application of the petitioner was dismissed on 28.09.2018 by this Court. 3. Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record. 4. It is submitted on behalf of the petitioner that after dismissal of the second bail application of the petitioner, the injured eyewitness appeared before the trial Court and his statement has been recorded. The petitioner is behind the bars for last more than 01 year. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail. 5. Learned Public Prosecutor & learned counsel for the complainant have vehemently opposed the bail application. However, fairly concede that the injured has already been discharged from the hospital and his statement has been recorded before the learned trial Court. 6. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 7. Accordingly, the 3rd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mohan Ram @ Munna Ram S/o Sh. Bhanwara Ram, shall be released on bail in connection with FIR No. 64/2018, Police Station Balesar, District Jodhpur provided he furnishes 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.