The decision to grant bail was based on the absence of direct allegations against the petitioners and the lack of evidence to prove certain offences against them.

ORDER :

1. These two bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners Laxman Singh S/o Bhanwarsingh, Ashok Kumar S/o Chhelu Ram, Balveer Singh S/o Sh. Prem Singh and Abhindra Singh @ Arvind Singh @ Abindra Singh S/o Sh. Gopal Singh, who are in custody in relation to F.I.R. No.162/2022, Police Station Sribalaji District Nagaur for the offence under Sections 341, 307, 427, 384 and 504 of the IPC.

2. Learned counsel for the petitioners submits that there is no direct allegation against any of the accused-petitioner and the allegation of robbery has been negated during investigation. They further submit that the incident which was reported to the police clearly indicates that the incident took place on the spur of moment when two cars were collided with each other resulting which, the incident took place. They further submit that the petitioners were not involved in alleged crime and they have falsely been implicated. They further submit that the petitioners are in custody and charge sheet has already been filed thus, keeping them in prolonged incarceration would not serve any purpose. Thus, they prayed that petitioners may be enlarged on bail.

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

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

5. After registration of the FIR, the same was investigated and after investigation, charge sheet under Sections 341, 307, 384, 427 & 504 of the IPC was filed before the court concerned but no offence under Sections 323 & 392 of the IPC were found proved against the above named petitioners. The charge sheet indicates that no injury report was filed and recovery of fire arms have not been effected from any of the above named petitioners. The allegation further indicates that if there is any rivalry, then the same is between the complainant and the main accused Rakesh. Except one of the petitioner, no other criminal antecedent is reported against the present petitioners.

6. Having regard to the entirety of 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 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 deserve to be released on bail.

7. Consequently, the bail applications are allowed. It is ordered that the accused-petitioners Laxman Singh S/o Bhanwarsingh, Ashok Kumar S/o Chhelu Ram, Balveer Singh S/o Sh. Prem Singh and Abhindra Singh @ Arvind Singh @ Abindra Singh S/o Sh. Gopal Singh, arrested in connection with F.I.R. No.162/2022, Police Station Sribalaji District Nagaur 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 and he will not indulge himself in any criminal activity.