BHERA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have been arrested in connection with FIR No.63/2021 of Police Station Dhorimanna, District Barmer, for the offence punishable under Ss. 147, 148, 341, 323, 325, 302/149 of IPC (in S.B. CLMB No.4908/2024) and Ss. 148, 341, 323/149, 325/149 and 302/149 (in SBCRLMB No.863/2024). They have preferred these second bail applications under Sec. 439 Cr.P.C. The first bail application of the petitioners was dismissed as not pressed vide order dtd. 23/9/2022. Learned counsel for the petitioners submits that similar situated co-accusd Ram Jivan has been granted bail by the Co-Ordinate Bench of this Court being S.B. Criminal Misc. Bail Application No.2242/2024 and the case of present petitioners are not distinguishable from that of co-accused. Counsel further submits that the name of the petitioners were not mentioned in the FIR but later on after two months of the incident, the statement of Nemichand has been recorded, in which he took the name of the present petitioners. There was no connecting evidence against the petitioners. The accused-petitioners is in judicial custody since 19/8/2021 (Bhera Ram) and 11/3/2021 (Bhagaram) and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bails should be granted to the accused-petitioners.

(2.) Learned Public Prosecutor vehemently opposed the bail applications. 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 bails to the accused petitioners under Sec. 439 Cr.P.C.

(3.) Accordingly, the bail applications filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Bhera Ram S/o Hukma Ram and (2) Bhagaram S/o Motaram shall be released on bail in connection with FIR No.63/2021 of Police Station Dhorimana, District Barmer, provided they execute personal bonds 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.