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2022 DIGILAW 191 (RAJ)

Mahendra Pal S/o Khuma Ram v. State of Rajasthan

2022-01-20

RAMESHWAR VYAS

body2022
JUDGMENT : Rameshwar Vyas, J. S. B. Criminal Misc. Bail Application No. 17244/2021 1. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 152/2021 registered at Police Station Gudamalani, District Barmer for the offences under Sections 147, 148, 323, 452, 427, 326-A & 307 of I.P.C. 2. Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner has not been named in the F.I.R. as also in the statements of the injured witnesses viz. Mohanlal, Tikmaram and Jalaram, whose statements were recorded by the police on 06.08.2021, the date of lodging the report. He further submits that the name of the petitioner was first appeared in the statement of Jagdish Kumar, which was recorded after a period of about 13 days on 19.08.2021. The petitioner has been falsely implicated in this case. No specific overt act has been alleged against the petitioner. He further submits that there is no allegation of using acid by the petitioner in the statement of witness Jagdish Kumar also. No recovery has been effected from the possession of the petitioner. He further submits that one injury on right parietal region of injured Jalaram has been found as simple in nature. All injuries sustained by injured Tikmaram have also been found simple in nature. It is not proved against the petitioner that he caused burn injury to Mohanlal. He further submits that the police did not investigate the case in a fair manner. In the police report, it is averred that Raichand Ram, Ompuri, Gopalpuri, Tejaram, Bhomaram, Mukesh, Omprakash s/o Ramuram, Narayan Ram and Suresh were not found involved in the case, whereas, the accused Kanaram, Mahendra Pal and Lalaram have been charge-sheeted for the offences under Sections 147, 148, 323, 452, 427, 436, 326B & 307/149 of I.P.C. and the accused Jagdish Puri, Khetaram, Tulchharam and Hanuman Ram etc. have been shown as absconded. He further submits that the petitioner is behind the bar for about four months. The charge sheet has already been filed. In the above circumstances, learned counsel for the petitioner prays that the petitioner may be enlarged on bail. 4. have been shown as absconded. He further submits that the petitioner is behind the bar for about four months. The charge sheet has already been filed. In the above circumstances, learned counsel for the petitioner prays that the petitioner may be enlarged on bail. 4. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application. 5. Learned counsel for the complainant has submitted that the present petitioner also participated in the incident. 6. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the petitioner was not named in the F.I.R.; his name was disclosed after a period of 13 days of the incident and no overt act has been attributed to the petitioner, without commenting upon the merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted. 7. Consequently, the bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Mahendra Pal S/o Khuma Ram arrested in connection with F.I.R. No. 152/2021 registered at Police Station Gudamalani, District Barmer shall be released on bail provided he furnishes a personal bond of Rs. 1,00,000/- with two surety bonds of Rs. 50,000/- 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. S.B. Criminal Misc. Bail Application No. 12701/2021 8. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 152/2021 registered at Police Station Gudamalani, District Barmer for the offences under Sections 147, 148, 323, 452, 427, 436, 326-B & 307/149 of I.P.C. 9. Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record. 10. Learned counsel for the petitioner submits that the case of the petitioner is not graver than the case of the co-accused Mahendra Pal, who has been enlarged on bail by this Court. He further submits that the petitioner deserves to be enlarged on bail on the ground of parity. He further submits that the present petitioner is friend of Prakash. Learned counsel for the petitioner submits that the case of the petitioner is not graver than the case of the co-accused Mahendra Pal, who has been enlarged on bail by this Court. He further submits that the petitioner deserves to be enlarged on bail on the ground of parity. He further submits that the present petitioner is friend of Prakash. About 3 days ago from the date of incident i.e. on 02.08.2021, some incident took place between Prakash and Mohanlal. He further submits that the report in the present case has been lodged after delay of 24 hours. So many persons were named in the F.I.R., however, after investigation, the police did not find involvement of accused Raichand Ram, Ompuri, Gopalpuri, Tejaram, Bhomaram, Mukesh, Omprakash s/o Ramuram, Narayan Ram and Suresh in the present case and dropped their names. He further submits that no overt act has been attributed to the present petitioner. There is no evidence on record to suggest that burn injuries to Mohanlal were caused by the present petitioner. The injuries sustained by injured Jalaram and Tikmaram are simple in nature. The petitioner is not of criminal background. He further submits that the petitioner is behind the bar for about five months. The charge sheet has already been filed. In these circumstances, learned counsel for the petitioner prays that the petitioner may be enlarged on bail. 11. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application. 12. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the co-accused Mahendra Pal has already been released on bail by this Court and no overt act has been attributed to the petitioner, without commenting upon the merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted. 13. Consequently, the bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Kana Ram S/o Lala Ram arrested in connection with F.I.R. No. 152/2021 registered at Police Station Gudamalani, District Barmer shall be released on bail provided he furnishes a personal bond of Rs. 1,00,000/- with two surety bonds of Rs. 13. Consequently, the bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Kana Ram S/o Lala Ram arrested in connection with F.I.R. No. 152/2021 registered at Police Station Gudamalani, District Barmer shall be released on bail provided he furnishes a personal bond of Rs. 1,00,000/- with two surety bonds of Rs. 50,000/- 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