HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 251/2021 Shrawan Ram S/o Bhanwara Ram, Aged About 20 Years, R/o Ajva, P.s. Deedwana, Dist. Nagaur. (At Present Lodged In Sub Jail, Deedwana).
----Petitioner Versus State, Through Pp
----Respondent Connected With S.B. Criminal Miscellaneous II Bail Application No. 102/2021 Bal Govind @ Prahalad S/o Shri Lichaman Ram, Aged About 35 Years, By Caste Meghal, R/o Village Aajwa, P.s. Deedwana, Distt. Nagaur. (Presently Lodged In Sub Jail, Deedwana, Distt. Nagaur).
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. R.S. Choudhary, Mr. M.S. Sisodiya
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
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HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order 05/02/2021 Heard learned counsel for the parties and perused the material available on record. The petitioner(s) has/have been arrested in FIR No.58/2019 of Police Station Deedwana, District Nagaur for the offence(s) punishable under Section(s) 341, 323, 365, 302 read with Section 149 IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted that after rejection of earlier bail applications of the petitioners, statements of some of the prosecution witnesses including complainant Shivraj (PW-3), injured Aasi Devi (PW-2) and Navratan (PW-4), who are so called eye witnesses of the incident, have been recorded before the trial court, wherein, all of them have clearly stated that the petitioners have not assaulted deceased - Sitaram. It is also submitted that similarly situated co- accused Harish has already been enlarged on bail by this Court.
Learned Public Prosecutor has opposed the bail application(s).
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 petitioner(s) under Section 439 Cr.P.C.
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(3 of 3) [CRLMB-251/2021] Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Shrawan Ram S/o Bhanwara Ram and Bal Govind @ Prahalad S/o Shri Lichaman Ram shall be released on bail in connection with FIR No.58/2019 of Police Station Deedwana, District Nagaur provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
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