LAWS(RAJ)-2023-2-242

RAM SINGH Vs. STATE OF RAJASTHAN

Decided On February 17, 2023
RAM SINGH Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The instant bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioners Ram Singh S/o Shankar Singh Rajput, Deva Ram S/o Pukha Ram Choudhary and Rahul S/o Ashok Kumar Solanki, who are in custody in relation to F.I.R. No.187/2022, Police Station Begun District Chittorgarh for the offence under Ss. 332, 307 and 34 of the IPC and Sec. 3/25 of the Arms Act.

(2.) Learned counsel for the petitioners submits during the course of arguments, he not pressed the bail application filed on behalf of petitioner accused-Deva Ram.

(3.) Learned counsel for petitioners Ram Singh and Rahul submits that as per the allegations made in the charge sheet, no injury was caused to any of police official but even if charge sheet under Sec. 307 IPC has been filed. He further submits that petitioners Ram Singh and Rahul are not required for further investigation. He submits that learned trial Court has referred certain pending cases against these petitioners and after trial, the petitioners were not found guilty in any of them, hence, mere allegations are not sufficient to draw a conclusion that these petitioners are having criminal antecedents. He further submits that herein, the complainant is a police officer and just to harass these petitioners, a false case has been lodged against them wherein allegation of using force against the police personnel were alleged. He further submits that these petitioners are ready and willing to obey the conditions imposed upon them for bail. He further submits that one of the accused Anil Kumar has already been granted bail by the learned trial Court on 14/12/2022 and the case of the present petitioners are similar to him. Lastly, he submits that thus, keeping them in prolonged incarceration would not serve any purpose. Thus, he prayed that petitioners may be enlarged on bail. Aforesaid contentions are opposed by the learned Public Prosecutor.