The main legal point established in the judgment is that the decision to grant bail was influenced by the lack of injury to police officials as per the charge sheet, the petitioners' clean record in pending cases, and the belief that prolonged incarceration would not serve any purpose.

ORDER :

1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners Ram Singh S/o Shankar Singh Rajput, Deva Ram S/o Pukha Ram Choudhary and Rahul S/o Ashok Kumar Solanki, who are in custody in relation to F.I.R. No.187/2022, Police Station Begun District Chittorgarh for the offence under Sections 332, 307 and 34 of the IPC and Section 3/25 of the Arms Act.

2. Learned counsel for the petitioners submits during the course of arguments, he not pressed the bail application filed on behalf of petitioner accused-Deva Ram.

3. Learned counsel for petitioners Ram Singh and Rahul submits that as per the allegations made in the charge sheet, no injury was caused to any of police official but even if charge sheet under Section 307 IPC has been filed. He further submits that petitioners Ram Singh and Rahul are not required for further investigation. He submits that learned trial Court has referred certain pending cases against these petitioners and after trial, the petitioners were not found guilty in any of them, hence, mere allegations are not sufficient to draw a conclusion that these petitioners are having criminal antecedents. He further submits that herein, the complainant is a police officer and just to harass these petitioners, a false case has been lodged against them wherein allegation of using force against the police personnel were alleged. He further submits that these petitioners are ready and willing to obey the conditions imposed upon them for bail. He further submits that one of the accused Anil Kumar has already been granted bail by the learned trial Court on 14.12.2022 and the case of the present petitioners are similar to him. Lastly, he submits that thus, keeping them in prolonged incarceration would not serve any purpose. Thus, he prayed that petitioners may be enlarged on bail.

4. Aforesaid contentions are opposed by the learned Public Prosecutor.

5. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

6. Having gone through the facts of the case as narrated in the charge sheet submitted against the petitioners, this Court is presently inclined to accept the bail application in respect to accused-petitioners Ram Singh and Rahul as the bail application filed on behalf of Deva Ram is dismissed as not pressed during the course of arguments.

7. Considering the facts and circumstances as available on record and upon a consideration of the arguments advanced by the parties and the fact that keeping the petitioners Ram Singh and Rahul in custody would not serve any purpose and the fact that trial of the case will take a long time thus, this Court is of the opinion that the petitioners Ram Singh and Rahul deserve to be released on bail.

8. Consequently, the bail application filed on behalf of accused-petitioner Deva Ram is dismissed as not pressed whereas the bail application filed on behalf of petitioners Ram Singh and Rahul is allowed. It is ordered that the accused-petitioners Ram Singh S/o Shankar Singh Rajput and Rahul S/o Ashok Kumar Solanki, arrested in connection with F.I.R. No.187/2022, Police Station Begun District Chittorgarh shall be released on bail; provided each of them furnishes a personal bond of Rs.50,000/-and 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 subject to the condition that petitioners will not involve themselves in any criminal activities and will not repeat the offence.