LAXMANRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.153/2021 registered at Police Station Kotwali Nagaur, for offences under Ss. 365, 302 and 120B IPC. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(2.) Learned counsel for the petitioner submitted that co-accused Hari Ram, Dinesh S/o Lunaram, Dinesh Arjunram and Suresh have already been enlarged on bail by coordinate Bench of this Court vide orders dtd. 20/12/2022, 8/12/2022 and 24/11/2022. The order dtd. 24/11/2022 passed in the case of Suresh is reproduced herein below for ready reference:

(3.) The first bail application was dismissed as not pressed on 23/10/2021 with liberty to file afresh after recording the statements of Jyoti, Ram Singh and Maniram. Counsel for the petitioner submits that Jyoti and Ram Singh have been examined in Court as PW-1 and PW-2 respectively and they have been declared hostile. Witness Maniram has also been examined in Court as PW-5 and he did not say anything about the oral dying declaration given before him by the deceased. Counsel further submits that the deceased received injuries on the non-vital parts of his body and only omnibus allegations have been levelled against the present petitioner. No specific averment has been made against the present petitioner. The accused-petitioner is in judicial custody 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-petitioner. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the second 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 petitioner under Sec. 439 Cr.P.C. Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Suresh S/o Hariram shall be released on bail in connection with FIR No.153/2021 of Police Station Kotwali, Nagaur provided he executes a personal bond in a sum of Rs.1,00,000.00 with two sound and solvent sureties of Rs.50,000.00 each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial."