SUNIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the Court:- Heard learned counsel for petitioner, learned Public Prosecutor as well as learned counsel for complainant and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that main allegation of causing fatal injury, which is injury no.6 in the postmortem report, was specifically attributed to Surendra Son of Magha Ram by the deceased himself in his 'parcha bayaan' on the basis of which FIR was registered and subsequently also in his another statement recorded under Section 161 Cr.P.C. there was general allegation of causing injuries on various parts of his body by 'lathi' against co-accused Devendra @ Deburam and Sunil Bhaskar and the present accused-petitioner Sunil Kumar. Other two co-accused, namely Devendra @ Deburam and Sunil Bhaskar, have been enlarged on bail respectively by order dated 22.04.2010 of a coordinate bench of this Court in S.B. Criminal Misc. Bail Application No.3517/2010, and order dated 06.05.2010 in S.B. Criminal Misc. Bail Application No.4106/2010, whereas S.B. Criminal Misc. Bail Application No.4939/2010 of Surendra Singh, who was the main assailant found responsible for causing fatal injury, has been rejected. The case of the present-petitioner stands on same footings with that of co-accused Devendra @ Deburam and Sunil Bhaskar, who have already been enlarged on bail, as referred to above. One more co-accused Madharam, against whom the deceased has stated that he caused 'lathi' blow on his neck, has also been enlarged on bail by a coordinate Bench of this Court by order dated 29.03.2010 in S.B. Criminal Misc. Bail Application No.1031/2010. There is no other case ever registered against the petitioner; trial of the case is likely to take a long. Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application but could not distinguish the case of the present-petitioner from that of those two co-accused Devendra @ Deburam and Sunil Bhaskar, who have already been enlarged on bail by this Court, as referred to above.

(2.) After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Sunil Kumar Son of Moolchand on bail under Section 439 Cr.P.C., in FIR No.233/2009, Police Station Sadar Sikar, under Sections 143, 341 and 323 IPC, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.

(3.) The bail application stands disposed of.