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JAGDISH RAM & ANR. v STATE - CRLMB Case No. 3228 of 2007  RD-RJ 4611 (18 September 2007)
S.B.Cr.Misc. IInd Bail App. No.3228/2007
(Jagdish Ram & Anr. Vs. State of Rajasthan)
Date of order : September 18, 2007
Mr.Talat Bari, for the petitioners.
Mr.Vishal Raj Mehta, Public Prosecutor.
Heard learned counsel for the petitioners and the Public
Prosecutor for the State. Perused the order impugned and the challan papers. I have also gone through the statements of the witnesses so far recorded by the trial court, more particularly injured witnesses PW.1 Jaggu Ram, PW.6 Bhanwari Devi and
PW.7 Bhagu Ram. None of these witnesses have stated that petitioner inflicted any injury to deceased Om Prakash. The allegation of causing injuries to the deceased is against co- accused Suresh and Pukhraj.
So far as PW.6 Bhanwari Devi is concerned, she has stated that petitioner No.2 Inder Chand inflicted a "Kassi" injury to her.
However, on perusal of the injury report of Bhanwari Devi, there appears to be no injury by sharp and all the injuries suffered by
Bhanwari Devi are by blunt.
Learned counsel for the petitioners submits that similarly situated co-accused Dula Ram, Ramdeo, Pukhraj, Shimbhuram,
Rugha Ram and Kheti Devi have been granted bail by Co- ordinate Benches of this Court.
Having regard to the facts and circumstances of the case and the fact that similarly situated co-accused have been granted bail and the fact that there is no specific allegation of causing any injury to the deceased against the petitioners, 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 No.1 Jagdish
Ram s/o Rugha Ram and No.2 Inder Chand s/o Rugha Ram be released on bail in FIR No.157/2006, P.S., Deedwana 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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