The court may grant bail based on the peculiar facts and circumstances of the case, considering the progress of the trial and the involvement of other accused persons.

Headnote:
Bail - Criminal Law - The court allowed the 4th bail application filed under Section 439 Cr.P.C. on behalf of the petitioner who was in custody for offences under Sections 302/34, 341, 323, 324, 326 of IPC, considering the peculiar facts and circumstances of the case.
Fact of the Case:

The petitioner filed the 4th bail application under Section 439 Cr.P.C. as he was in custody for offences under Sections 302/34, 341, 323, 324, 326 of IPC. The trial court was directed to expedite the trial proceedings in the previous bail application.
Finding of the Court:

The court, having regard to the peculiar facts and circumstances of the case, deemed it just and proper to release the petitioner on bail.
Issues: The main issue was whether the petitioner should be granted bail considering the progress of the trial and the involvement of other accused persons.
Ratio Decidendi: The court considered the progress of the trial, the witness testimony, and the bail granted to other accused persons in the case before deeming it just and proper to release the petitioner on bail.
Final Decision: The 4th bail application was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.

JUDGMENT

Vinit Kumar Mathur, J. - The present 4th bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.170/2015, Police Station Nana District Pali for the offences under Sections 302/34, 341, 323, 324, 326 of IPC.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. The third bail application of the petitioner was rejected by this court vide order dated 19.08.2021 with a direction to the trial court to expedite the trial proceedings. Learned counsel for the petitioner submits that after 19.08.2021, only seven witnesses have been examined before the trial court including PW18 Kamla who is stated to be an eye witness of the incident. He further submits that PW18 Kamla was the person who had called all other persons including Madan Lal, Munni Devi Chogaram. Learned counsel submits that she has not supported the prosecution case and has been declared hostile. The counsel further submits that the person against whom allegation of amputation of arms of the deceased is leveled is Rama Ram and he has already been enlarged on bail by a coordinate bench of this court vide order dated 11.03.2016. Co-accused Kamla who is stated to have assaulted the deceased with Kulhari has also been enlarged on bail by a coordinate bench of this court vide order dated 19.12.2019. The petitioner is facing the incarceration since 28.10.2015. Therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail.

4. Having regard to the peculiar facts and circumstances of the case, this Court deems it just and proper to release the petitioner on bail.

5. Consequently, the 4th bail application is allowed. It is ordered that the accused-petitioner Narendra @ Niranjan S/o Sh. Rama Ram arrested in connection with F.I.R. No.170/2015, Police Station Nana District Pali shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.

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