SUKHCHAIN SINGH 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.449/2023 registered at Police Station Nai Mandi Gharsana, District Anopgarh, for offences under Ss. 302 and 34 of the IPC and Sec. 4/25 of the Arms Act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. Drawing attention of this Court learned counsel for the petitioner submitted that the FIR and charge sheet has been submitted by the Investigating Agency before the competent criminal court. Learned counsel submitted that as per prosecution the petitioner had beaten deceased with a sharp weapon. Learned submitted that the specific allegation of infliction of injury on the vital body part of the deceased with a sharp weapon has been levelled by the eye witnesses against co-accused Saru @ Sansanr Singh. Learned counsel submitted that as a matter of fact that the petitioner had no knowledge about the sharp weapon being carrying by co-accused Saru @ Sansar Singh at the time when the alleged incident occurred. Lastly, Learned counsel submitted that the petitioner is in judicial custody; investigation against the present petitioner has already been completed and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

(2.) Per contra, learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, after perusing of the challan paper and postmortem report of the deceased this Court finds that as per the post Mortem report, the cause of death of the deceased was injury inflicted upon him by the sharp weapon. This Court also finds that the specific allegation of infliction of injury upon deceased which sharp weapon have been levelled by the eye witnesses against co-accused Saru @ Sansar Singh; investigation against the present petitioner has already been completed, thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

(3.) Consequently, the bail application under Sec. 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sukhchain Singh @ Sukha S/o Hardeep Singh @ Bant, arrested in connection with F.I.R. No.449/2023 registered at Police Station Nai Mandi Gharshana, District Anoopgarh, shall be released on bail, if not wanted in any other case, provided he furnishes 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 his appearance before that court on each and every date of hearing and whenever called upon to do so till completion of the trial.