Maga Ram @ Magha Ram v. State of Rajasthan, Through PP
2019-03-26
VIJAY BISHNOI
body2019
DigiLaw.ai
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. 129/2017 of Police Station Nokha, District Bikaner for the offences punishable under Sections 302, 307, 325, 323, 341/34 of IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that statement of the complainant Roop Singh has been recorded before the trial court as PW-2. It is submitted that PW-2 in his statement has specifically stated that petitioner had inflicted injuries on his head whereas co-accused Kailash had inflicted injuries on the head of his father Laxman Singh. It is submitted that as per the injury report, there are four injuries on the body of the complainant-Roop Singh, however, out of those four injuries one is grievous, whereas three are simple in nature. It is submitted that the fatal blow on the head of Laxman Singh is assigned to the co-accused Kailash. It is submitted that as a matter of fact, it was a case of free fight in which the petitioner and co-accused person had received injuries and those injuries are grievous in nature. It is also submitted that the complainant has not explained about the injuries received by the petitioner and the co-accused Kailash, therefore it appears that he is not revealing the truth. It is submitted that though the police have shown recovery of the iron rods from the petitioner and co-accused Kailash at their instances from an open place under the bushes, but PW-2 complainant, in his statement has specifically stated that the weapons used in commission of crime were thrown by the petitioner and the co-accused at the place of incident only and the police have recovered the same from that place only. It is further submitted that taking into consideration the above piece of evidence, petitioner has falsely been implicated in this case. It is also submitted that out of many prosecution witnesses, statements of three witnesses have been recorded and trial of the case will take time. 4. Learned Public Prosecutor as well as counsel for the complainant have opposed the bail application. 5.
It is also submitted that out of many prosecution witnesses, statements of three witnesses have been recorded and trial of the case will take time. 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 Maga Ram @ Magha Ram S/o Late Shri Ram Chandra shall be released on bail in connection with FIR No. 129/2017 of Police Station Nokha, District Bikaner 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.