Ramdevram vs State
2022 Latest Caselaw 13975 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1857/2022

Ramdevram S/o Jeevanram, Aged About 39 Years, Rakyasni, P.s. Thanvla, Teh. Degana, Dist. Nagaur (Raj.). (Presently Lodged In Sub Jail, Parbatsar, Nagaur).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Rajak Khan Haidar For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

28/11/2022

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR

No.0129/2018 of Police Station Thanvla, District Nagaur for the

offence(s) punishable under Section(s) 447, 323, 341, 325, 302

and 120-B. He/she/they has/have preferred this/these bail

application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of the second bail application, statement of the injured

Hemraj (PW-8) has been recorded before the trial court. Learned

counsel has submitted that it is not in dispute that the deceased

died after 52 days of the incident. It is further submitted that the

dispute between the parties was in relation to the boundary of

agriculture fields, wherein the complainant party has encroached

(2 of 2) [CRLMB-1857/2022]

over the agriculture land of the petitioner and that was the reason

for quarrel between the parties. Learned counsel for the petitioner

has submitted that the petitioner is in custody since more than

four years and the trial against him has not been concluded till

date.

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.

Accordingly, this/these bail application(s) filed under Section

439 Cr.P.C. is/are allowed and it is directed that petitioner(s) -

Ramdevram S/o Jeevanram shall be released on bail in connection

with FIR No.0129/2018 of Police Station Thanvla, 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.

(VIJAY BISHNOI),J 253-mohit/-

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