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Rajasthan High Court · body

2019 DIGILAW 78 (RAJ)

Govind Gurjar v. State of Rajasthan, Through PP

2019-01-07

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in FIR No. 597/2018 of Police Station Kotwali, District Bhilwara for the offences punishable under Sections 143, 341, 307, 336, 427 of IPC and 3/25, 4/25 of Arms Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that after rejection of the first bail application of the petitioner, charge sheet has been filed in the matter. It is submitted that as a matter of fact, complainant party was aggressor and they started firing upon the petitioner and other accused persons and then in defence, petitioner also fired gun-shot. It is also submitted that one person Bheru Lal Lauhar has received a gun-shot injury in the incident but none of the members of the complainant party received any gun-shot injury. Learned counsel for the petitioner submits that petitioner is ready to pay compensation of Rs. 1 lac to injured Bheru Lal Lauhar voluntarily. It is also submitted that petitioner will not attempt to influence the witness in any manner during the course of trial. 4. Learned Public Prosecutor as well as counsel for the complainant have 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 Govind Gurjar S/o Shankar Lal Gurjar shall be released on bail in connection with FIR No. 597/2018 of Police Station Kotwali, District Bhilwara provided he executes a personal bond in a sum of Rs. 2 lacs along with two sureties of Rs. 1 lac 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. The petitioner is also directed to deposit demand draft of a nationalized bank to the tune of Rs. 1 lac, executed in favour of injured Bheru lal Lohar along with personal bond and sureties. The petitioner is also directed to deposit demand draft of a nationalized bank to the tune of Rs. 1 lac, executed in favour of injured Bheru lal Lohar along with personal bond and sureties. The said demand draft be disbursed to the injured Bheru Lal Lauhar by the trial court after summoning him.