The court granted bail despite serious charges due to a compromise between parties and the diminished likelihood of conviction, emphasizing the right to liberty.

Order :

1. The present bail application under Section 439 of the Code of Criminal Procedure, 1973 ( Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ) has been filed by the applicant, who is in custody in connection with the FIR No.231/2023 registered at Police Station Shergarh, Jodhpur Rural for the offences punishable under Sections 147, 148, 341, 323, 307 of the Indian Penal Code and Sections 5 & 27 of the Arms Act.

2. The second bail application (S.B. Criminal Misc. Bail Application No.4970/2024) of the present applicant has been dismissed as withdrawn on 29.04.2024 with a liberty to file afresh after recording of the statement of injured - Trilok Singh. Now, the statement of the injured has been recorded.

3. Mr. L.D. Khatri, learned counsel for the applicant submitted that during the pendency of the bail application, injured- complainant himself has compromised the matter and such compromise has been produced and verified by the trial Court. A certified copy thereof has been placed for perusal of the Court; the same is taken on record.

4. Mr. Khatri, learned counsel for the applicant further submitted that since the parties have compromised and even the injured agreed to settle the dispute, the applicant who is behind bars since 31.07.2023 be enlarged on bail.

5. Mr. Gour, learned counsel for the complainant accepted the factum of compromise.

6. Learned Public Prosecutor, on the other hand, submitted that maybe, the parties have entered into a compromise but since the offence alleged is punishable under Section 307 of the Indian Penal Code, neither the case can be compounded nor can applicant be enlarged on bail.

7. Heard learned counsel for the parties and perused the compromise and other relevant record.

8. On perusal of the First Information Report, this Court finds that the injured has been allegedly beaten brutally and has even suffered gun shot injury.

9. In usual circumstances, even the compromise entered into between the parties would not persuade this Court to enlarge an accused of offence under Section 307 of the Indian Penal Code to be enlarged on bail, as offence cannot be compounded. However, considering the fact that the injured himself has compromised, possibilities of him deposing against the applicant-accused has become negligible.

10. There appears to be no independent witness other than the complainant and his family members and friends. And therefore, in case, all of them turned hostile, the possibilities that the prosecution will be able to bring his charge home is bleak.

11. Such being the position, according to this Court, keeping the applicant incarcerated until conclusion of the trial will be contrary to the applicant’s right to liberty.

12. Having regard to the facts and circumstances of the case and considering that the applicant, who is behind bars since 31.07.2023 is entitled to be enlarged on bail.

13. Consequently, the present third bail application filed under Section 439 of the Code of Criminal Procedure ( Section 483 of the the Bharatiya Nagarik Suraksha Sanhita, 2023 ) is allowed. It is ordered that the applicant – Mool Singh S/o Shri Bhanwar Singh arrested in connection with the FIR No.231/2023 registered at Police Station Shergarh, Jodhpur Rural shall be released on bail; provided he executes a personal bond in the sum of ₹50,000/- and two sureties of ₹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.

14. Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.