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2021 DIGILAW 1954 (RAJ)

Bhola Ram v. State of Rajasthan

2021-10-06

PUSHPENDRA SINGH BHATI

body2021
JUDGMENT Dr.Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned. 2. This Court perused the material available on record. 3. The petitioner has been arrested in connection with FIR No.119/2019 of Police Station Kathumar, District Alwar for the offence punishable under Section 306 IPC. He has preferred this bail application under Section 439 Cr.P.C. 4. Learned counsel for the petitioner submits that the petitioner is in custody since 08.02.2021 and the charge-sheet in this case has already been filed. Learned counsel further submits that though there was a telephonic altercation, but the same does not mean that a person may commit suicide. 5. Learned Public Prosecutor as well as learned counsel for the complainant vehemently opposed the bail application. 6. Taking into consideration the custody period of the petitioner and the fact that the charge-sheet in this case has already been filed, this Court is of the opinion that at this stage, the custody of the petitioner in this case is not warranted. 7. Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 8. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Bhola Ram S/o Amar Singh @ Amar Chand shall be released on bail in connection with FIR No.119/2019 of Police Station Kathumar, District Alwar 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.