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2021 DIGILAW 948 (RAJ)

Jabra Ram v. State of Rajasthan

2021-06-09

DINESH MEHTA

body2021
JUDGMENT : Dinesh Mehta, J. 1. This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No. 71/2021, Police Station Marwar Junction, District Pali, for the offences under Sections 341, 323, 379, 325 & 307/34 IPC. 2. Learned counsel for the petitioner, while maintaining that the petitioner has been falsely implicated in the present case, submits that the allegations levelled in the FIR does not constitute any serious offence much less any offence u/Sec. 307 IPC. He further submits that no recovery remains to be effected from the petitioner and the trial will take considerable time. 3. Learned Public Prosecutor vehemently opposes the bail application. 4. Upon perusal of the case diary, produced before the Court, this Court finds that the injury report shows injuries on upper and lower limb and left knee; the victim has not suffered injuries on any vital part, thus in the prima facie opinion of this Court, case under Section 307 IPC is not made out. 5. Though there are three criminal cases pending against the petitioner, but the same are of the years 2017, 2018 and 2020. 6. Having regard to the facts and circumstances of the case and considering that omnibus allegations have been levelled against seven persons including the petitioner, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 7. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Jabra Ram @ Jabar Chand S/o Shri Nema Ram Ji, arrested in connection with FIR No. 71/2021, Police Station Marwar Junction District Pali, shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the Trial Court. 8. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. 9. Needless to observe that the above observations made by this Court are on the basis of material so far produced before the Court. They are only prima-facie observation and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.