ASHA RAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case.

(2.) It is contended on behalf of the petitioners that both the petitioners are in judicial custody for last more than two months; nothing is to be recovered or investigated from them; the injuries sustained by the injured have not been described as dangerous to life and investigation is going on for the offence under Sec. 308 I.P.C. It is also contended that the F.I.R. was lodged after delay of 7 days, which has not been explained by the prosecution therefore, both the petitioners may be released on bail.

(3.) After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I think it just and proper to release the accused-petitioners, namely, Asha Ram S/o Hinduraji Meena and Raju S/o Asha Ram Meena on bail under Sec. 439 Crimial P.C., in F.I.R. No. 194/2009, Police Station Arnod, District Pratapgarh, registered under Sections 143, 341, 323 and 308 I.P.C., provided each of them furnishes a personal bond in the sum of Rs. 25,000.00 (Rupees twenty five thousand only) together with one surety of the like amount to the satisfaction of the trial Court for his appearance on all subsequent dates of hearing and as and when called upon to do so.