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2019 DIGILAW 3127 (RAJ)

Aasu Ram v. State Through Public Prosecutor

2019-12-19

DINESH MEHTA

body2019
JUDGMENT Dinesh Mehta, J. - This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.55/2019, Police Station Bakhasar, District Barmer for the offences under Sections 147, 365, 342, 354, 323, 379 & 427 IPC. 2. Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record. 3. Learned counsel for the petitioner submits that it was a clear incident of sudden quarrel, which has been given colour of abduction. While inviting Court's attention towards the allegations in the FIR and accusation made by the complainant, no case under Section 365 IPC, as projected by the complainant can be said to have been made out, argued Mr. Punia. 4. Learned Public Prosecutor vehemently opposed this bail application. 5. Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Aasu Ram S/o Jaikishan, arrested in connection with FIR No.55/2019, Police Station Bakhasar, District Barmer shall be released on bail; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the 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.