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Rajasthan High Court · body

2019 DIGILAW 2445 (RAJ)

Bhagwana Ram v. State of Rajasthan

2019-09-12

VIJAY BISHNOI

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JUDGMENT Vijay Bishnoi, J. - Heard learned counsel for the parties and also perused the material available on record. 2. The petitioner has been arrested in FIR No.73/2019 of Police Station Chitalwana District Jalore for the offence punishable under Section 302/34 IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is submitted that initially the complainant in his complaint dated 22.05.2019 had given in writing to the police that it seems that due to falling into the Narmada River accidentally, his brother died, however, later on, on 07.06.2019 the complainant filed FIR alleging that the petitioner along with co-accused persons Suresh Kumar and Shammu Devi hatched conspiracy to kill his brother and thereafter, the petitioner along with Suresh Kumar threw his brother into Narmada River. It is also submitted that the police has filed charge-sheet against the petitioner only on the basis of the statements of some persons who have stated that they saw the deceased along with the petitioner and co-accused Suresh Kumar before the incident. It is also submitted that except the said evidence of last scene no other evidence is available against the petitioner. It is further submitted that charge-sheet has been filed and trial of the trial of the case will take time. 4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. 5. 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. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Bhagwana Ram S/o Kehra Ram shall be released on bail in connection with FIR No.73/2019 of Police Station Chitalwana District Jalore provided he 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.