HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous 2^nd Bail Application No. 4789/2022

Pradeep S/o Ratiram, Aged About 20 Years, Resident Of Village

Babera, Police Station Bansur, District Alwar (Rajasthan).

(Accused Presently Confined In Behror Sub Jail).

----Petitioner

Versus

State Of Rajasthan, Through The Public Prosecutor.

----Respondent

Connected With

S.B. Criminal Miscellaneous 2^nd Bail Application No. 8211/2022

Surendra @ Billu S/o Suganchand @ Sugadchand, Aged About

28 Years, R/o Jayram Ki Dhani Tan Keharpura, Police Station

Bansur, District Alwar. (Presently Confined In Sub. Jail Behror

District Alwar).

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Madhav Mitra, Sr. counsel assisted

by Mr. Veerendra Singh

Mr. Bharat Yadav

For Respondent(s)

For Complainant(s)

:

:

Mr. B.L. Nasuna, PP

Mr. Rajendra Singh Raghav, Adv.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

13/01/2023

1.

Since, these two bail applications filed under Section 439

Cr.P.C. arise out of the common FIR No.138/2021 Registered at

Police Station Bansur, District Alwar for the offence(s) under

Sections 302, 323, 143 of I.P.C. (In FIR) and for the offences

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[CRLMB-4789/2022]

under Sections 301, 201 & 34 of I.P.C. (in order), hence they have

been heard together and are being decided by the present order.

2.

Learned senior counsel for the petitioners submits that the

petitioners have been falsely implicated in this matter. He further

submits that on the date of incident, the deceased-Ravinder was

sitting on the tractor which was driven by the accused-petitioner-

Pradeep and according to Naksha moka prepared by police during

investigation, alongwith the tractor a trolley was also attached

thereto for the purpose of pulling the stones. Counsel further

submits that when the accused-petitioner and deceased were

going from Village Loyati to Keharpura then looking to the speed

breaker on the road the driver of the tractor, the accused-Pradeep

used the breaks of the tractor due to which the deceased-Ravinder

who was sitting on the mudguard of the said tractor suddenly fell

down from the said tractor and sustained injuries on his chest and

neck and his lungs got punctured in this incident due to which he

died, which is also corroborated from the post-mortem report.

Counsel further submits that after investigation, the police has

filed charge-sheet against the petitioners and co-accused persons

under Sections 304, 201 read with Section 34 I.P.C. Counsel

further submits that the petitioner is behind the bars for more

than two and half years and conclusion of trial may take long

time.

3.

Learned Public Prosecutor assisted by counsel for the

complainant has opposed the bail applications and submitted that

the investigation agency has wrongly not filed charge-sheet

against the acucsed-petitioners under Section 302 I.P.C. Counsel

further submits that they have filed appropriate proceedings for

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[CRLMB-4789/2022]

alteration of charge against the accused-petitioner before the trial

Court and prayed for dismissal of the bail applications.

4.

Considering the contentions put-forth by the counsel for the

petitioners and also considering the statement of doctors PW-3,

PW-4 & PW-7 as well as the statement of Investigation Officer

(PW-8) and taking into account the facts and circumstances of the

case and without expressing any opinion on the merits of the

case, this court deems it just and proper to release the petitioners

on bail under Section 439 Cr. P.C.

5.

Accordingly, these bail applications under Section 439 Cr.P.C.

are allowed and it is ordered that the accused-petitioners-

(1) Pradeep S/o Ratiram (2) Surendra @ Billu S/o

Suganchand @ Sugadchand shall be released on bail provided

each of them furnishes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the sa