HEMNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present third bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.208/2023 registered at Police Station Sheo, District Barmer registered for the offences punishable under Ss. 341, 323, 325, 504 and 307/34 of IPC. The second bail application was dismissed by this Court vide order dtd. 5/2/2024 with liberty to file afresh after recording the statement of injured-Bhanwar Nath.

(2.) Learned counsel for the petitioner submits that injured-Bhanwar Nath has been examined as PW.1 before the trial Court and he has specifically mentioned that head injury has been caused by one Hemnath S/o Jawahar Nath and during cross-examination also he has mentioned that first injury caused on his head has been inflicted by Hemnath S/o Jawahar Nath. He submits that the present petitioner is Hemnath S/o Bharatnath and no specific allegation has been levelled against him. The petitioner is in the judicial custody since 18/9/2023 and the trial of the case will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor has opposed the bail application. I have considered the arguments advanced before me and gone through the material available on record.

(3.) 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 third bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner - Hemnath S/o Bharatnath shall be released on bail in connection with F.I.R. No.208/2023 registered at Police Station Sheo, District Barmer provided he executes a personal bond in a sum of Rs.1,00,000.00with two 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.