RAJVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Shri Inder Raj Saini has submitted that the five co-accused persons namely Satyveer, Fakir Chand, Rohitas, Bhagat Singh and Bhagwana have been granted bail under See. 438, Code Criminal Procedure in SB Cr. Misc. Bail Application No. 4091/1992 and the case against the present accused petitioner is in no way different than the five co-accused who have been granted bail. S/Shri Gaffar, Naruka and Ranjan have submitted that again Rajveer there is further allegation that he had used the truck and Birbal came under this truck and died. It is not disputed before me that Birbal was one of the members of the accused party. In the FIR, there are allegations against Birbal also. It has been submitted by Shri Saini that by use of the truck the petitioner could not have had the intention of killing Birbal because Birbal is his uncle and he had come with the accused party and he had nothing to do with the Complainant party. The other two persons Rohitash and Gheesa died as a result of the gunshot injuries, which have not been ascribed to the present accused petitioner. There is no allegation against the present accused petitioner for use of any firearm. Shri Saini has submitted that in this view of the matter, his case stands on the same footing as those of five persons who have been granted bail under Sec. 438, Criminal Procedure Code. Without expressing any opinion on the merits in the facts and circumstances of the case, I am inclined to accept this bail application under Sec. 438, Criminal Procedure Code.

(2.) It is, therefore, ordered that petitioner Rajveer son of Rameshwar Dayal, by caste Gujar, resident of Dudva, Police Station Khetri, District Jhunjhunu (Raj.) if sought to be arrested by the SHO/Arresting Officer/Investigating Officer, Police Station Khetri, District Jhunjhunu in connection with FIR NO. 211/1992 registered at that police station, for offences under Secs. 147,148,149 302 and 323, Indian Penal Code, subject to his furnishing a personal bond in the sum of Rs. 10,000.00 (Rupees Ten Thousand) with two sureties in the sum of Rs. 5,000.00 (Rupees Five Thousands) each to the satisfaction of the SHO of the said Police Station, be released on bail, on the following conditions:-