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Rajasthan High Court · body

2019 DIGILAW 80 (RAJ)

Neeraj Gurjar v. State of Rajasthan, Through PP

2019-01-07

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. 598/2018 of Police Station Kotwali, Bhilwara for the offences punishable under Sections 341, 307, 427/34, 279, 336 and 120-B of IPC. They have preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioners has submitted that after rejection of the first bail application of the petitioners, 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 petitioners and other accused persons and then in defence, petitioners fired gun shot. It is also submitted that one person Bheru Lal Lauhar 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 petitioners submits that the petitioners are ready to pay compensation of Rs. 1 lac to the injured Bheru Lal Lauhar voluntarily. It is also submitted that petitioners will not attempt to influence the witness in any manner during the course of trial. 4. Learned Public Prosecutor and 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 petitioners 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 petitioners Neeraj Gurjar S/o Udaylal Gurjar, Rahul Gurjar S/o Jaydev and Narayan @ Prakash S/o Kailash shall be released on bail in connection with FIR No. 598/2018 of Police Station Kotwali, Bhilwara provided they execute 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 their 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 petitioners are 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 petitioners are 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.