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2022 DIGILAW 1310 (RAJ)

Hemraj v. State Of Rajasthan

2022-04-26

DEVENDRA KACHHAWAHA

body2022
ORDER 1. 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.577/2021, Police Station Sanchore, District Jalore, registered for the offence under Sections 341, 323, 324, 326 and 307/34 IPC. 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 as per prosecution, incident took place on 25.11.2021 and the injury report was prepared on 14.12.2021 and there is no satisfactory explanation for such a long delay. It is further stated that as per opinion available on the basis of x-ray report, injury No.1 although found grievous/sharp in nature but not found dangerous to life. It is further submitted that benefit of bail has been granted to co- accused Praveen Kumar by co-ordinate Bench of this Court vide order dated 14.02.2022 and co-accused Narpat Ram by this Court vide order dated 15.03.2022. It is further submitted that charge- sheet has been filed and further trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused petitioner. 4. On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that injury is attributed to the accused-petitioner and not against the co- accused persons who have been granted benefit of bail. It is further submitted that weapon 'dantaliya' is also recovered from the accused-petitioner. 5. Having regard to the facts and circumstances of the case, particularly to the fact that none of the injuries are found dangerous to life and charge-sheet has been filed and further 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. 6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Hemraj S/o Shri Narsi Ram, arrested in connection with F.I.R. No.577/2021, Police Station Sanchore, District Jalore, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the 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.