The court considered the absence of evidence for specific offences and the length of the trial in granting bail to the accused petitioners.

JUDGMENT

Kuldeep Mathur, J. - The application for bail under Section 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with FIR No.02/2023, registered at Police Station Panchu, District Bikaner for offences punishable under Sections 458, 308, 325, 323, 435, 506 and 143 IPC.

2. Heard learned counsel for the petitioners so also the learned Public Prosecutor and learned counsel for the complainant and perused the material available on record.

3. Learned counsel for the petitioners submitted that though an FIR under various sections of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was lodged against the petitioners but the Investigating Agency did not find prima facie any offence under the said Act proved against them and, consequently, a case was registered under various sections of IPC. Learned counsel further submitted that the petitioners have not been named in FIR lodged by the complainant. Learned counsel further submitted that even from the perusal of the FIR, it is apparent that a blow from iron rod has been attributed to Umedaram and even the allegations of putting fire and burning down the fencing outside the house of the complainant have been levelled against the Ishudan and Jagdish only. Challan has been filed. The petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused petitioners.

4. On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioners.

5. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserve to be accepted.

6. Consequently, the bail application is allowed. It is ordered that the accused-petitioners Bhiyaram S/o Sh. Magharam, Girdhari S/o Sh. Magharam, Rameshwar S/o Sh. Bachnaram, Aduram S/o Sh. Bachnaram and Shivram S/o Sh. Chunaram arrested in connection with FIR No.02/2023, registered at Police Station Panchu, District Bikaner shall be enlarged on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so, till completion of the trial.