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2019 DIGILAW 962 (RAJ)

Andaram v. State, Through PP

2019-04-01

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. 143/2016 of Police Station Samdari, District Barmer for the offences punishable under Sections 498-A, 3-4(B) and 302 of IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the police have filed charge-sheet against two persons i.e. the present petitioner and one Radha Devi. It is submitted that a co-ordinate Bench of this Court vide order dated 11.03.2019 has granted bail to co-accused Radha Devi after taking into consideration the statements of PW-1 and PW-2. It is submitted that while granting bail to co-accused Radha Devi, the co-ordinate Bench has observed that whether or not the Parcha Bayan and the dying declaration of the deceased would be reliable in the light of the testimony of two prosecution witnesses i.e. PW-1 and PW-2 and the finding recorded in the charge-sheet, would be for the trial court to consider at the final stage. It is submitted that the case of the petitioner and co-accused Radha Devi is on similar footing, therefore, petitioner is also entitled to be released on bail. 4. Learned Public Prosecutor as well as counsel for the complainant have opposed the bail application. 5. Learned counsel for the complainant, Mr. K.L. Thakur has submitted that as a matter of fact, in the dying declaration, deceased alleged that after pouring kerosene on her, the petitioner lit the fire and taking into consideration the above piece of evidence, it cannot be said that the case of the petitioner is similar to co-accused Radha Devi, who has already been enlarged on bail. 6. Having heard the learned counsel for the parties and after going through the order passed by the co-ordinate Bench of this Court dated 11.03.2019, whereby it granted bail to co-accused Radha Dvei, 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. 7. Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Andaram S/o Modaram shall be released on bail in connection with FIR No. 143/2016 of Police Station Samdari, District Barmer provided he executes a personal bond in a sum of Rs. Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Andaram S/o Modaram shall be released on bail in connection with FIR No. 143/2016 of Police Station Samdari, District Barmer 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.