CRLMB/15260/2020 of BALRAM YADAV @ BALLU S/O SHRI GOVINDRAM YADAV Vs STATE OF RAJASTHAN on 18 December 2020

Order

18/12/2020

The present bail application has been filed under Section439 Cr.P.C. The petitioner has been arrested in connection withFIR No.182/2020 registered at Police Station Ranoli, District Sikarfor the offence(s) under Section(s) 323, 452, 379 & 354 of I.P.C.and later on for the offence under Sections 447, 341, 323, 325,307 & 34 of I.P.C.

It is contended by the learned counsel for the petitioner thatthe prosecution has suppressed true genesis of the case inasmuchas the complainant himself has, vide application dated 26.06.2020submitted with the SHO Police Station Nadoti, District Sikar, statedthat the FIR dated 18.06.2020 came to be lodged with incorrectfacts. He submitted that injured Keshuram, who has received fracture on non-vital part of the body i.e. left tibia & fibula andsecond metacarpal of left hand with blunt weapon, in hisstatement recorded under Section 161 Cr.P.C, has made vagueand bald allegations against all the accused persons including thepetitioner. He submitted that there was no reason for reckoningthe injuries to be dangerous to life. Learned counsel submittedthat the petitioner is in custody since 25.11.2020, investigation asagainst him is complete and prayed for his release on bail.

Learned Public Prosecutor assisted by learned counsel for thecomplainant opposing the bail application submitted that theinjured Keshuram has remained hospitalized for a considerableperiod of time and looking to the gravity of allegations against thepresent petitioner, he does not deserve indulgence of bail.

Taking into consideration the submissions advanced bylearned counsels for the respective parties, the nature ofallegations against the petitioner, his length of custody and thematerial available in the case diary; but, without expressing anyopinion on the merits of the case, this Court deems it just andproper to enlarge the petitioner on bail.

Accordingly, the bail application is allowed and it is directedthat accused-petitioner Balram Yadav @ Ballu S/o ShriGovindram Yadav shall be released on bail under Section 439Cr.P.C. in connection with afore-mentioned FIR registered atconcerned Police Station, provided he furnishes a personal bondin the sum ofRs.1,00,000/- (Rupees One Lac only) together withtwo sureties in the sum of Rs.50,000/- (Rupees Fifty Thousandonly) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down underSection 437(3) Cr.P.C.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/171