Order

16/12/2020 In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

This Court perused the material available on record.

The petitioner has been arrested in connection with FIR No.113/2020 of Police Station Paanchaudi for the offences punishable under Sections 143, 341, 323, 427, 325 and 308 IPC.

He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that in the FIR, there are names of 21 persons. Learned counsel for the petitioner further submits that those 21 persons, as mentioned in the FIR, do not include the name of the present petitioner. Learned counsel for the petitioner also submits that even in the initial statement under Section 161 Cr.P.C. rendered by the injured witness, the name of the present petitioner was not there, however, his name was subsequently added in titamba bayan. Learned counsel for the petitioner further submits that the present petitioner is a young boy aged 20 years and is a student, and thus, remaining in custody for a long time may jeopardize his career prospects.

Learned Public Prosecutor as well as learned counsel for the respondent-complainant seriously oppose the bail application on the ground that the accused are in fact mining maafia and have been acting as an organized gang to conduct their criminal activities, so as to create fear in the society, and therefore, grant of bail to the present petitioner at this stage, shall be an extremely soft approach of the Court.

This Court, after hearing learned counsel for the parties as well as perusing the record of the case, alongwith the case diary, is of the opinion that the accused persons seem to be well known to the complainant party, and thus, specifically names of 21 persons have been mentioned in the FIR, but the present petitioner’s name is not there in the FIR. On this specific ground that the present petitioner’s name is not there in the FIR, and the fact that conclusion of the proceedings is likely to take some time, but without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ramswaroop @ Swaroopram S/o Chhela Ram shall be released on bail in connection with FIR No.113/2020 of Police Station Paanchaudi provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

(DR.PUSHPENDRA SINGH BHATI),J.

88-SKant/-