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LOONA RAM & ORS. v STATE - CRLMB Case No. 4138 of 2007  RD-RJ 4383 (6 September 2007)
S.B.Cr.Misc. Bail App. No.4138/2007
(Loona Ram & Ors. Vs State of Rajasthan)
Date of order : September 06, 2007
Mr.B.L.Bishnoi, for the petitioners.
Mr.Ashok Upadhyaya, Public Prosecutor.
Dr.A.A.Bhansali, for the complainant.
Heard learned counsel for the petitioners and the Public
Prosecutor for the State assisted by the counsel appearing for the complainant. Perused the order impugned and the challan papers.
It is contended by the learned counsel for the petitioners that there is no previous case instituted against the present petitioners and nothing has been recovered from the petitioners.
It is further contended that no injury has been caused to anyone.
Learned counsel for the complainant submits that numerous shots have been fired by the petitioners. He further submits that the bail applications filed by co-accused Bhepa Ram alias Bewla, Mangi Lal and Rameshwar have been rejected by
Co-ordinate Benches of this Court by order dt. 24.7.2007 and 4.7.2007 respectively.
From perusal of the orders passed by the Co-ordinate
Benches of this Court in S.B.Cr.Misc. Bail Application
No.2758/2007, Bhepa Ram alias Bewla vs. State of Rajasthan and S.B.Cr.Misc. Bail Application No.2322/2007 (Mangi Lal &
Anr. vs. State of Rajasthan), it appears that at that time, the matter was at the investigation stage and also the fact that number of cases have been instituted against these accused persons, however, no previous case was pointed out against the present petitioner and more particularly, the petitioners have not previously been charged and no gun has been recovered in the instant case.
Be that as it may, without commenting on the merit of the case, which may prejudice the case of either party at the trial, having considered the totality of facts and circumstances of the case and taking into account the oral arguments advanced by both the parties, I consider it just and proper to enlarge the accused petitioners on bail.
Accordingly, the bail application filed under Sec. 439
Cr.P.C. is allowed and it is directed that petitioners Loona Ram s/o Bhera Ram, Ramuram s/o Manglaram and Sukhram alias
Munnaram s/o Ramu Ram be released on bail in FIR
No.49/2007, P.S. Pipar City provided each of them furnishes a personal bond in a sum of Rs.20,000/- with two sound and solvent sureties in the sum of Rs. 10,000/- 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.
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