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Rajasthan High Court · body

2022 DIGILAW 1824 (RAJ)

Junjha Ram v. State

2022-05-30

PUSHPENDRA SINGH BHATI

body2022
JUDGMENT 1. This Court has perused the material available on record. The petitioner has been arrested in FIR No.649/2021 of Police Station Balotra, Barmer for the offences punishable under Sections 147, 148, 341, 323, 307, 427/149 IPC. He has preferred this bail application under Section 439 Cr.P.C. 2. Counsel for the petitioner has shown the judgment passed by this Court in the case of Gautam v. State of Rajasthan (SB Cr. Misc. Bail Application No.6216/2022 decided on 18.05.2022). The order reads as follows : "The petitioner has been arrested in connection with FIR No. 649/2021 of Police Station Balotra, District Barmer for the offence punishable under Sections 143, 341, 323, 307, 382, 427/149 of IPC. He has preferred this bail application under Section 439 Cr.P.C. Learned counsel for the petitioner submits that the specific allegation for inflicting head injury to the injured Tarun Singh has been levelled against co- accused Ashok Kumar, which is found to be grievous in nature and dangerous to life also. Counsel further submits that no role has been assigned to the present petitioner in this case. Challan of the case has already been presented. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Gautam S/o Shri Ghevaram shall be released on bail in connection with FIR No. 649/2021 of Police Station Balotra, District Barmer provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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." 3. Counsel for the petitioner submits that since the main accused in this case is Ashok Kumar and his case is distinguished by the Court. Therefore, it is prayed that the petitioner may be released on bail. 4. Counsel for the petitioner submits that since the main accused in this case is Ashok Kumar and his case is distinguished by the Court. Therefore, it is prayed that the petitioner may be released on bail. 4. Learned Additional Advocate General and learned counsel for the complainant have opposed the bail application. 5. 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. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Junjha Ram S/o Late Shri Oka Ram shall be released on bail in connection with FIR No.649/2021 of Police Station Balotra, Barmer 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.