The court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigation.

JUDGMENT

Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.148/2020, registered at Police Station Rajiyasar, District Sriganganagar, for offences under Section 302/34 I.P.C.

2. Learned counsel for the petitioner submits that after getting the statements recorded of eye witnesses namely Mahender & Sandeep Jkumar by the competent criminal Court on 06.03.2021 and 03.04.2021 respectively, the Co-ordinate Bench of this Court has enlarged on bail the co-accused namely Suresh Kumar vide order dated 08.07.2021 in Criminal Misc. Bail Application No.8270/2021. Learned counsel further submits that the case of present petitioner is not distinguishable to that of the co-accused.

3. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner. For ready reference, the order dated 08.07.2021 is reproduced hereinbelow:-

"This bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.148/2020 registered at Police Station, Rajiyasar, District Sri Ganganagar for offence under Section 302/34 IPC.

Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the entire material available on record.

The learned counsel for the petitioner submits that the petitioner Suresh Kumar was not present at the place of incident and was later on called and from the charge-sheet itself it is apparent that the main accused in the case is basically Naresh Kumar. In his statement the eye witness PW3 Sandeep Kumar has also denied presence of the petitioner at the time of the incident. The trial of the case is likely to take time.

Learned Public Prosecutor has opposed the bail application. Having considered the submissions, without commenting on merits of the case further as it may affect the trial but taking into consideration the contentions raised and the statements recorded in the charge-sheet as well as the conclusion of the Police after the investigation, I am inclined to release the petitioner on bail.

Accordingly, this bail application is allowed and it is ordered that the accused petitioner - Suresh Kumar s/o Pala Ram be released on bail under Section 439 Cr.P.C. in connection with aforesaid FIR No.148/2020 registered at Police Station, Rajiyasar, District Sri Ganganagar provided the petitioner furnishes a personal bond of Rs.50,000/- with one surety in the like amount, to the satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Section 437 (3) CrPC."

4. Learned Public Prosecutor and Shri Rajat Chhaparwal, Advocate, Associate to Shri Anil Joshi, G.A.-cum-AAG, have opposed the bail application.

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 petitioner deserves to be accepted.

6. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ranveer S/o Sh. Rajiram arrested in connection with F.I.R. No.148/2020, registered at Police Station Rajiyasar, District Sriganganagar, shall be released on bail, if not wanted in any other case, provided he 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 his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.