PREM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a second bail application on behalf of Prem S/o Ratan Singh. Earlier bail application was rejected on 14th June, 1991. The counsel for the petitioner submits that at the time of rejection of the first bail application it was left open for the petitioner to move the bail application after the filing of the Challan. He submits that the challan has now been filed. Mr. Bajwa has referred to certain statements recorded during the course of investigation and in those statements it has been recorded that the petitioner as well as one Shri Ramnarain were discriminately firing and Shri Ramnarain has already been let off by the police as no challan has been filed against Shri Ramnarain. Shri Shyam Arya has not been able to explain as to why Shri Ramnarain has been let off by the police whereas the submission of Shri Bajwa is that the case of the present petitioner cannot be distinguished with that of Ramnarain.

(2.) Having heard the learned counsel for the accused-petitioner and the learned Public Prosecutor for the State, after perusal of the record in the facts and circumstances of this case. I am inclined to grant bail under Sec. 439 Crimial P.C. to the accused petitioner.

(3.) It is, therefore, ordered that the accused-petitioner Prem s/o Ratan Singh by caste Gujar r/o Village Gamdi, P.S. Chiksana. Distt. Bharatpur in F.I R. No. 103/91 be released on bail, provided he furnishes a personal bond in the sum of Rs. 10,000.00 (Ten Thousand only) with one surety in the like amount to the satisfaction of the trial court with the stipulation to appear in that court as and when called upon to do so during the pendency of the trial against him in this case. Bail granted.