Order : 1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C . at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below: S.No. Particulars of the Case 1. FIR Number 69/2024 2. Concerned Police Station Aburoad Sadar 3. District Sirohi 4. Offences alleged in the FIR Under Sections 341, 323, 324, 326 & 307/34 of IPC 5. Offences added, if any -- 2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises. 3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail. 4. I have considered the submissions made by both the parties and have perused the material available on record. 5. After rejection of the first bail application, the trial has commenced and three witnesses have been examined in the trial. The victim Kaluram examined as PW-3. The victim PW-3 Kaluram when examined under Section 161 of the Cr.P.C . by the Investigating Officer on 09.03.2024, he in an unequivocal and unambiguous term has stated about inflicting of sword injury on his skull by accused Munglaram and the role of the petitioner has been shown to be causing injuries through fist and kicks. When examined in trial. He in contrast to his previous statement, stated that it was accused-petitioner who inflicted sword injuries on his head instead of Mungalram. He further stated that Mungalram caused injuries on his legs. During cross-examination he admits about the facts narrated by him during investigation. Be that as it may. This Court is refraining from passing any comment on the niceties of the matter yet taking into account the totality of facts and circumstances of the case, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. 6. Accordingly, the instant bail application under Section 439 Cr.P.C .
Be that as it may. This Court is refraining from passing any comment on the niceties of the matter yet taking into account the totality of facts and circumstances of the case, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. 6. Accordingly, the instant bail application under Section 439 Cr.P.C . is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.