The court's decision was based on the interpretation of Section 439 Cr.P.C., considering the absence of injury, the filing of charge-sheet, and the expected lengthy trial.

JUDGMENT

Devendra Kachhawaha, J. - In Bail application No. 2199/2022 :-

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.404/2021, Police Station Hanumangarh Junction, District Hanumangarh, registered for the offence punishable under Sections 143, 307 or 307/149, 195(a) or 195(a)/149 of Indian Penal Code and Sections 3/25 and 27 of the arms act.

2. In Bail application No. 2501/2022:-

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.404/2021, Police Station Hanumangarh Junction, District Hanumangarh, registered for the offence punishable under Sections 307, 143, 195(a) of Indian Penal Code and Sections 3/25 and 27 of the arms act.

3. In Bail application Nos. 2199/2022 and 2501/2022:-

Heard and considered arguments advanced by learned counsel for the petitioners as well as learned Public Prosecutor. Perused the material available on record.

4. Learned counsel for the petitioners stated that petitioners have falsely been implicated in this case; no injury has been caused to anyone; there is only an allegation of air fire against the petitioners; charge-sheet has been filed; petitioners Mukesh @ Sonu and Sunil Kumar Lohiya @ Sunil Kumar are behind the bars since 24.08.2021 and 10.11.2021 respectively; further investigation and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the petitioners.

5. Per contra, learned Public Prosecutor and learned counsel appearing on behalf of the complainant have opposed the bail applications of the accused-petitioners and stated that ten other cases are registered against the accused-petitioner Mukesh @ Sonu and six other cases are registered against the accused-petitioner Sunil Kumar Lohiya @ Sunil Kumar.

6. Learned counsel for the complainant stated that bail application of co-accused Hanuman @ Kalu was dismissed vide order dated 15.11.2021 on the ground that the condition imposed at that time in regard to recording of statement of witness/s is not fulfilled yet.

7. Having regard to the facts and circumstances of the case, particularly looking to the facts that no injury has been caused to anyone; charge-sheet has been filed; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the accused-petitioners deserve to be accepted.

8. Consequently, the bail applications are allowed. It is ordered that the accused-petitioners - Mukesh @ Sonu S/o Vikram Singh, (Bail application No.2199/2022) and Sunil Kumar Lohiya @ Sunil Kumar S/o Gyan Chnad, (Bail application No.2501/2022) both arrested in connection with F.I.R. No.404/2021, Police Station Hanumangarh Junction, District Hanumangarh, shall be released on bail, if not wanted in any other case; provided each of them furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.