SHRI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case. Learned counsel for the petitioner submits that name of petitioner does not find place in the FIR and in the statement of two witnesses Yunus and Rafiq Ahmed, name of the petitioner is not there. Learned Public Prosecutor opposes the bail application by saying that co-accused Shivchand's bail application has already been rejected by this court. He further submits that in the statements of Budharam, Dayaram, Kumari Chotti & Bhanwar Lal, it is clear that the presence of the petitioner has been mentioned. After considering the facts and circumstances of the case, I find that the case of petitioner is distinguishable from the case of co-accused Shivchand against whom there is a specific allegations has causing injury in the FIR. The investigation in the matter is complete. The challan has already been filed. The petitioner is in judicial custody.

(2.) After considering all the facts and circumstances of the case and without expressing any opinion on merits and demerits of the case. I consider it just and proper to release the accused petitioner namely Shriram S/o Shri Motu Ram on bail under Sec. 439 Cr.PC. in FIR No. 37/03 Police Station Laxmangarh Distt. Sikar registered under Sections 148, 341, 323, 302/149 Penal Code provided he furnishes a personal bond in the sum of Rs. 25,000.00 together with one surety of the like amount to the satisfaction of learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. Bail allowed.