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2021 DIGILAW 2008 (RAJ)

Raju Ram Manjhu v. State of Rajasthan

2021-10-23

DEVENDRA KACHHAWAHA

body2021
JUDGMENT Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.256/2021, Police Station Lohawat, District Jodhpur, registered for the offence punishable under Sections 143, 332, 353 and 307 of the Indian Penal Code. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner stated that no injury has been caused to any person; a false allegation of using fire arm has been made against the petitioner; petitioner is behind the bars since 23.09.2021; no other case is registered against the petitioner; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner. 4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that there is an allegation of using fire arm against the accused-petitioner. 5. Having regard to the facts and circumstances of the case, particularly looking to the facts that no injury has been caused to any person; as per rejection order itself, no other case has been registered against the accused-petitioner; accused-petitioner is behind the bars since 23.09.2021; further investigation and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the bail application is allowed. It is ordered that the petitioner - Raju Ram Manjhu S/o Shiv Lal Bishnoi, arrested in connection with F.I.R. No.256/2021, Police Station 7. Lohawat, District Jodhpur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.