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2021 DIGILAW 938 (RAJ)

Ratiram @ Ratiya v. State Of Rajasthan

2021-05-28

PRAKASH GUPTA

body2021
JUDGMENT 1. This bail application has been filed by the petitioner under Section 439 CrPC seeking regular bail in FIR No.122/2020 registered at Police Station, Tatarpur, District Alwar for the offence under Sections 323, 341, 302 and 120B IPC. (later on, offence under Sections 147, 148, 323, 341, 324, 120(B) and 302 read with 149 IPC was found to have been made out). 2. Learned counsel for the petitioner submits that the accused petitioner is innocent and he has been falsely implicated in this matter. He was not present at the place of occurrence. After completion of investigation, charge sheet has been filed against the petitioner for the offence under Section 120B IPC. He further submits that same allegations were levelled against co-accused Murli, but final report (negative) was submitted in his matter. He further submits that the co-accused Manoj Kumar, against whom the allegation was that he caused injury, has been granted bail by the co-ordinate Bench of this Court vide order dated 05.12.2020 in SB Criminal Miscellaneous 2nd Bail Application No.13935/2020 and the case of the petitioner is on better footing that that of co-accused person who has been granted bail. The petitioner is not required for any investigation or interrogation purposes. The petitioner is in judicial custody from 23.04.2021 and the conclusion of trial will take long time, hence he may be enlarged on bail. 3. Learned PP appearing for the State has opposed the same. 4. Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on bail. 5. Therefore, this bail application is allowed and accused petitioner Ratiram @ Ratiya S/o Netram is ordered to be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial court with the stipulation that the petitioner shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.