Research › Search › Judgment

Rajasthan High Court · body

2023 DIGILAW 820 (RAJ)

Santosh @ Santudi v. State of Rajasthan

2023-04-13

KULDEEP MATHUR

body2023
JUDGMENT Kuldeep Mathur, J. - These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.314/2022 registered at Police Station Padukalan, District Nagaur for the offences punishable under Sections 143, 323, 342, 307 and 302 of the IPC. 2. Heard learned counsel for the petitioners, learned Public Prosecutor as also the learned counsel representing the complainant and perused the material available on record. 3. Learned counsel for the petitioners drew the attention of the Court towards the charge-sheet and statement of the injured/eye witness Surja Ram and submitted that specific allegations have been levelled against Rajuram and his wife of inflicting serious injuries upon Banshilal who succumbed to death. Learned counsel further submitted that against the accused Rajuram and Smt. Anita, charge-sheet has been filed for the offences punishable under Sections 323, 325, 341, 342, 307 and 302/34 IPC. Learned counsel further submitted that as far as the present petitioners are concerned, they have been alleged of causing injuries to injured/eye witness which are simple in nature. Learned counsel further submitted that even the investigating agency has filed charge-sheet against the present petitioners for the offences punishable under Sections 323, 325, 341 and 307/34 IPC. Learned counsel submitted that since challan has been filed, the petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioners. 4. Per contra, learned Public Prosecutor and learned counsel representing the complainant have vehemently opposed the bail applications. 5. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted. 6. Consequently, these bail applications under Section 439 Cr.P.C. are allowed. 5. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted. 6. Consequently, these bail applications under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Smt. Santosh @ Santudi W/o Hari Ram and (2) Sukha Ram S/o Bhiya Ram, arrested in connection with F.I.R. No.314/2022 registered at Police Station Padukalan, District Nagaur, shall be released on bail, if not wanted in any other case, provided each of them 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 learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial. 7. A copy of this order be placed in each file.