GANGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with F.I.R. No.71/2023 registered at Police Station Kalyanpur, District Udaipur, for offences under Ss. 395 and 412 of IPC. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the present case. Drawing attention of the Court towards the charge-sheet, learned counsel for the petitioners submitted that the presence of the petitioners at the time and place of incident has not been established by the investigating agency by way of positive evidence. Learned counsel further submitted that the petitioners were having no previous animosity with the complainant. Learned counsel submitted that the petitioners have been implicated in the present case solely on the basis of suspicion.

(2.) Lastly, learned counsel for the petitioner submitted that the investigation has already been completed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner. Per contra, learned Public Prosecutor has vehemently opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that there is nothing on record to establish the presence of the present petitioners at the place of incident. This Court also prima facie finds that the investigation in the matter has already been completed and challan has been filed by the investigating agency before the competent criminal court; the prosecution has not shown any apprehension of the petitioners influencing the material prosecution witnesses or fleeing away from justice, in case they are enlarged on bail, thus without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.

(3.) Consequently, the bail application under Sec. 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ganga Ram S/o Laxman and Mansha Ram S/o Laxman arrested in connection with F.I.R. No.71/2023 registered at Police Station Kalyanpur, District Udaipur, shall be released on bail, if not wanted in any other case, provided each of them furnish a personal bond of Rs.50,000.00 and two sureties of Rs.25,000.00 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 completion of the trial.