PRAHALAD RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.254/2020 of Police Station Nokha, for the offence punishable under Ss. 302, 307, 341, 325, 323, 427, 147, 148, 149 IPC. He has preferred this second bail application under Sec. 439 Cr.P.C. The first bail application was dismissed on 22/11/2022. Learned counsel for the petitioner submits that now material witnesses have been examined before the trial court and PW-1 Rajendra Singh has specifically stated that the present petitioner was having a barchi in his hand, which is a sharp edged weapon and he inflicted injury by the said barchi to the deceased. PW-2 Arvind Singh has admitted in his cross-examination that according to the postmortem report, no injury by a sharp edged weapon was found on the body of the deceased. PW-3 Dr. Ramratan also specifically mentioned that all the injuries are found to be caused to the deceased by a blunt weapon and not by a sharp edged weapon. Counsel further submits that the deceased had not received any injury on vital part of his body. All the witnesses namely Mukesh Das (PW-4), Manoj (PW-5), Sahi Ram (PW-6), Poonam Das (PW-7), Prahalad (PW-8), Mahesh (PW-11) & Sharwan Kumar (PW-12) have been declared hostile by the trial court. The accused-petitioner is inside the jail since 22/7/2020 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.

(2.) Learned Public Prosecutor has opposed the second bail application. Having regard to the totality of the facts and circumstances of the case and considering the facts that the petitioner is inside the jail since 22/7/2020 and specific averment has been made by the witnesses that the present petitioner was having a barchi in his hand, but according to the postmoretn report, the injuries of the deceased are found to be caused by a blunt weapon, 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.

(3.) Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Prahalad Ram S/o Banwari Lal shall be released on bail in connection with FIR No.254/2020 of Police Station Nokha, 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.