RATNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have been arrested in connection with FIR No.367/2022 of Police Station Bhinmal, District Jalore, for the offence punishable under Ss. 147, 148, 459, 323, 325, 326 and 308/149 of IPC. They have preferred this second bail application under Sec. 439 Cr.P.C. Earlier bail application was dismissed by this Court on 6/1/2023 with liberty to file afresh after recording the statement of injured-Jeevaram. Learned counsel for the petitioners submits that now the injured Jeevaram has been examined in the Court as PW/1 and there are material contradictions, improvements and omission in his statement. The accused-petitioners are in judicial custody since 9/10/2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.

(2.) Learned Public Prosecutor and counsel for the complainant have opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Sec. 439 Cr.P.C.

(3.) Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Ratna Ram S/o Sh. Balka Ram and (2) Radmal Ram S/o Sh. Balka Ram, shall be released on bail in connection with FIR No.367/2022 of Police Station Bhinmal, District Jalore, provided they execute personal bond in a sum of Rs.1,00,000.00 each with two sound and solvent sureties of Rs.50,000.00 each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.