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2023 DIGILAW 1198 (RAJ)

Satish Kumar v. State of Rajasthan

2023-05-29

GANESH RAM MEENA

body2023
JUDGMENT 1. This bail application has been filed by the petitioners under Section 439 Cr.P.C. 2. F.I.R. No.758/2022 was registered at Police Station Neemrana, District Alwar for the offence under Sections 323, 341, 34 ofIPC. 3. Counsel for the petitioner submits that the petitioners have been implicated in this case and they are behind the bars since 14.03.2023 and trial of the case is likely to take considerable time. Counsel further submits that the eye witnesses have been examined by the prosecution agency under Sections 161 Cr.P.C. after a lapse of about four months, which creates suspicious of the prosecution story. 4. Learned Public Prosecutor has vehemently opposed the bail application and refer the statement of Kumari Hemlata recorded under Section 164 Cr.P.C. 5. Considered the submissions put forth by counsel for the petitioners as well as the learned Public Prosecutor. 6. Taking into consideration the overall facts and circumstances of the case, including the allegation against the petitioners and the manner in which the investigation has been completed and the allegation against the present petitioner including the fact as given on record that the deceased was the bus driver of the college bus and was misbehaving with the girls, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioners on bail. 7. This bail application is, accordingly, allowed and it is directed that accused-petitioners shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the trial Court with the stipulation that they shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.