The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.

JUDGMENT

Vinit Kumar Mathur, J. - The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.146/2019, Police Station Kuchaman City District Nagaur for the offences punishable under Sections 147, 148, 149, 323, 341, 307 and 302 of IPC.

2. The first bail application of the petitioner was dismissed on 14.02.2020 by this Court with liberty to revive the prayer for bail after the statements of witnesses namely Bidami Devi & Surja Ram are recorded before the trial court.

3. Heard learned counsel for the petitioner, and learned Public Prosecutor as also learned counsel for the complainant. Perused the material available on record.

4. It is submitted on behalf of the petitioner that after rejection of the first bail application, the statements of Bidami Devi (PW4) and Surja Ram (PW1) have been recorded. As per the statements of Bidami Devi and Surja Ram, it has been stated that the petitioner along with a number of persons inflicted the injuries upon the complainant party. He further submits that the petitioner party also sustained multiple injuries and injury reports of the same are on record. It is a case of free fight in which Bhanwar Lal suffered injuries and succumbed to the same. As per the statements of PW1 and PW4, the injuries assigned to the petitioner are not cause of death of Bhanwar Lal in the present case as no specific injury has been attributed to him. Therefore, it is prayed that the petitioner may be enlarged on bail.

5. Learned Public Prosecutor opposes the bail application. The counsel for the complainant vehemently opposes the bail.

6. 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 accused petitioner under Section 439 Cr.P.C.

7. Accordingly, the 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Balla Ram S/o Shri Choga Ram, shall be released on bail in connection with FIR No.146/2019, Police Station Kuchaman City District Nagaur provided he furnishes a personal bond in a sum of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) 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.