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2019 DIGILAW 893 (RAJ)

Gehri Lal v. State of Rajasthan

2019-03-25

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the parties and also perused the material on record. 2. The petitioner has been arrested in FIR No. 170/2018 of Police Station Bhim, Distt. Rajsamand for the offences punishable under Section 302, 147, 148 and 427 IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that in the FIR, the petitioner was not named, however later on, in the statements of witnesses, omnibus allegations have been levelled against the petitioner and no specific role has been assigned to him. It is further submitted that the allegation of inflicting multiple injuries on the body of the deceased is against co-accused persons namely Mukesh, Hansraj, Meenakshi and Manju. It is also submitted that the petitioner is 78 years old aged person and he has been falsely implicated in this case only because he happened to be father of co-accused Mukesh. It is further submitted that statement of complainant Pappu Ram (PW-1) has been recorded before the trial court wherein also, specific allegation of assault has been levelled against co-accused Mukesh, Hansraj, Meenakshi and Manju and no specific role has been assiged to the petitioner. Learned counsel for the petitioner has further submitted that keeping in view the age of the petitioner and taking into consideration the fact that no specific role has been assigned to him, he may be enlarged on bail. 4. Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant has argued that eye witnesses namely Radha, Rukmani, Mithu Singh, Laxman Singh and the complainant himself had specifically stated that the petitioner was involved in assaulting the deceased along with other co-accused persons. It is also argued that Pappu Ram (PW-1) in his statement has specifically named the petitioner and stated that he was involved in the assaulting the deceased along with other coaccused persons, therefore, looking to his active participation in commission of crime, he is not entitled to be enlarged on bail. 5. Having regard to the totality of the facts and circumstances of the case, particularly keeping in view the age of the petitioner, 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. 5. Having regard to the totality of the facts and circumstances of the case, particularly keeping in view the age of the petitioner, 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 Gehri Lal S/o Shri Manroop Lal Garg shall be released on bail in connection with FIR No. 170/2018 of Police Station Bhim, Distt. Rajsamand provided he executes a personal bond in the 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/her/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.