JUDGMENT

Devendra Kachhawaha, J. - 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.07/2022, Police Station Kotwali, District Jaisalmer, registered for the offence punishable under Sections 147, 148, 341, 323, 325 and 307/149 of the Indian Penal Code.

2. Heard and considered the arguments advanced by learned counsel for the petitioner, learned Public Prosecutor and learned counsel appearing on behalf of the complainant. Perused the material available on record.

3. Learned counsel for the petitioner stated that head injury of the injured Lakh Singh is attributed to co-accused Madho Singh; petitioner is a student; due to some rivalry, petitioner has been implicated in this case; petitioner is behind the bars since 05.01.2022; no investigation or recovery is pending against the petitioner; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

4. Per contra, learned Public Prosecutor and learned counsel appearing on behalf of the complainant have fervently and vehemently opposed the bail application of the accused-petitioner and stated that the accused-petitioner is the driver of that vehicle in which complainant was kidnapped and earlier six other cases were registered against the accused-petitioner.

5. In reply, learned counsel for the petitioner stated that in one case mentioned at S.No.3 in para 6 of the rejection order, petitioner was acquitted on 17.02.2020, therefore, only five cases are pending against the petitioner.

6. Having regard to the facts and circumstances of the case, particularly looking to the facts that head injury of the injured Lakh Singh is attributed to co-accused Madho Singh and not to the present petitioner; further investigation 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 application filed by the petitioner deserves to be accepted.

7. Consequently, the bail application is allowed. It is ordered that the petitioner, Dungar Singh S/o Sh. Indra Singh, arrested in connection with F.I.R. No.07/2022, Police Station Kotwali, District Jaisalmer, shall be released on bail, if not wanted in any other case; provided he 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.