HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 5972/2021

Hukma Ram S/o Rama Ram, Aged About 25 Years, R/o Jasnath

Nagar, Bambor, P.s. Rajeev Gandhi Nagar, Jodhpur West (Raj.).

(Lodged In Central Jail, Jodhpur).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Rakesh Sharma, through VC

For Respondent(s)

:

Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA (VACATION JUDGE)

Order

03/06/2021

The present bail application has been filed under

Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in

relation to F.I.R. No. 50/2021, Police Station Luni, District

Jodhpur, for the offences under Sections 333, 353, 307/34 of the

IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

As per the prosecution allegation, the police party conducted

a Nakabandi at the Khajarli Chauraha on 27.02.2021. It is alleged

that at about 2:40 a.m, a Swift vehicle came towards the

Nakabandi point at a high speed. It was flagged down to stop, but

the driver thereof accelerated the vehicle and fled away. About 4

to 5 minutes thereafter, an unnumbered Tata XENON/ISUZU

vehicle came, which was also flagged down to stop. The driver did

not stop the vehicle and, rather tried to over run the police party.

(2 of 2)

[CRLMB-5972/2021]

A fire was made from the Tata XENON/ISUZU vehicle which hit

the constable Ramniwas on his leg. The petitioner is alleged to be

the owner of the Swift vehicle.

From a perusal of the FIR and the case diary, it is apparent

that other than a bald allegation that the Swift vehicle did not stop

at the Nakabandi, there is no material whatsoever to satisfy the

Court that the petitioner intentionally tried to drive over his

vehicle on the police party nor is there any allegation that any gun

shot was fired from the Swift vehicle.

In view of above and having regard to the entirety of facts

and circumstances as available on record and upon a consideration

of the arguments advanced at the Bar, this Court is of the opinion

that the petitioner deserves to be enlarged on bail.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner namely Hukma Ram S/o Rama Ram

arrested in connection with F.I.R. No.50/2021, Police Station Luni,

District Jodhpur shall be released on bail; provided he furnishes a

personal bond of Rs.50,000/- and two surety bonds of Rs.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.

(SANDEEP MEHTA (VACATION JUDGE)),J

3-Tarun/-