The court considered the totality of the facts and circumstances of the case and granted bail to the accused petitioners under Section 439 Cr.P.C.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - This Court perused the material available on record.

2. The petitioner has been arrested in connection with FIR No.220/2020 of Police Station Srikaranpur, District Sriganganagar for the offences punishable under Sections 302, 307, 323, 324, 447, 147, 148, 149, 120-B IPC and Sections 27, 30 of arms act. He has preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has shown the order dated 17.05.2021 passed by this Court in Rahul @ Kalu Vs. State of Rajasthan (S.B. Criminal Misc. Bail application No.5984/2021), which reads as under:

'In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.

Heard learned counsel for the parties and perused the material available on record.

The petitioners have been arrested in connection with FIR No.220/2020 of Police Station Sri Karanpur, District Sri Ganganagar for the offence punishable under Sections 302, 307, 323, 324, 447, 147, 148, 149 & 120B of IPC and Sections 27, 30 of arms act. They have preferred these bail applications under Section 439 Cr.P.C.

Learned counsel for the petitioners submit that number of co-accused persons namely, Savitri Devi, Smt. Bedi, Chawli Devi, abhishek, Shakeela, Karan Godara, Saurabh, ajyant, Sunita Devi, Pushpa Devi, Jaipal, Rahul, Dharmendra, Surendra Singh and Indrajeet Singh have been granted bail by this Court in different bail applications. They submit that since the involvement of large number of persons is there, therfore, the court has granted the aforesaid bail applications where no specific role has been attributed and has particularly referred to the order passed in Indrajeet Singh's case.

Learned counsel for the petitioners Rahul, Manoj Kumar, ajay Kumar and Ram Kumar submit that they are at the same pedestal as that of the co-accused, who have been released on bail.

Learned counsel for the petitioner Pawan Kumar submits that though the name of the petitioner is there in the statement of amritpal Singh as having been attributed gunshot but no weapon has been recovered from Pawan Kumar.

Learned P.P. as well as learned counsel for the complainant oppose the bail applications on the ground that Pawan Kumar was having the allegation of gunshot injury and the same is clear from the statement of the amritpal Singh, who is the complainant.

This Court after hearing the counsel for the parties at length finds that Rahul, Manoj Kumar, ajay Kumar and Ram Kumar are at same pedestal as that of Indrajeet Singh. However, the case of Pawan Kumar is slightly different as amritpal has alleged gunshot injury on Gopiram having opened fire on Sandeep Singh. However, this Court takes note of the statement of the injured witness Sandeep Singh, who has specifically attributed gunshot injury on arun and Parmod Kumar and thus, they are the main perpetrators of the death caused by firearm injury. The recovery of the guns has also been made from arun and Parmod Kumar. Thus, in the eye of this Court, arun and parmod Kumar who have consistently been named as having attributed firearm injury by Sandeep Singh and Ratan Lal and thus, Pawan Kumar cannot be said to be attributed the gunshot injury at this stage.

Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Rahul @ Kalu S/o Rajender Prasad, (2) Manoj Kumar @ Monu S/o Het Ram, (3) ajay Kumar S/o Shri Ram Swaroop, (4) Pawan Kumar S/o Gopiram and (5) Ram Kumar S/o Mohan Lal shall be released on bail in connection with FIR No.220/2020 of Police Station Sri Karanpur, District