Advocates:
['ASHWANI KUMAR SHARMA', '', 'RAMAWATAR SINGH', 'JASSA RAM', 'JAI KISHAN', 'SUMER SINGH GOUR', 'JASSA RAMJAI KISHANSUMER SINGH GOUR', 'PP']

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[CRLMB-14784/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 14784/2021

1.

Kashi Ram S/o Sh. Jetha Ram, Aged About 42 Years, R/o

Hari Ram Ji Ke Mandir Ke Pas, Kanpura Basti, P.s. Nokha,

Dist. Bikaner (Raj.).

2.

Ved Prakash S/o Sh. Girdhari Lal, Aged About 31 Years,

R/o Hari Ram Ji Ke Mandir Ke Pas, Kanpura Basti, P.s.

Nokha, Dist. Bikaner (Raj.).

(Accused Petitioners Presently Confined In Dist. Jail,

Bikaner).

----Petitioners

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Ramawatar Singh

For Respondent(s)

:

Mr. Mahipal Bishnoi, PP

Mr. S.K. Verma

Mr. Sangram Singh

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

29/11/2021

The petitioners have been arrested in connection with FIR

No.201/2021 of Police Station Nokha, District Bikaner for the

offence punishable under Sections 323, 341, 336, 427, 325, & 307

R/w Section 34 of IPC. They have preferred this bail application

under Section 439 Cr.P.C.

So far as petitioner No.1 Kashi Ram is concerned, counsel

submits that the petitioner No.1 Kashi has pelted only one stone

upon the injured. Counsel submits that in the x-ray report of the

injured, firstly it was opined by the Doctor that no bone injury has

been seen but later on, a report was sent to the concerned SHO

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[CRLMB-14784/2021]

with the remark that injury No.1 is dangerous to life and therefore

is grievous in nature. Counsel submits that the accused-petitioner

No.1 has falsely been implicated in this case and therefore, benefit

of bail should be granted to him.

So far as petitioner No.2 Ved Prakash is concerned, counsel

submits that no specific role has been assigned to him and

similarly situated co-accused Omprakash has already been

granted bail by this Court and the case of the petitioner No.2 is

also identical. The petitioner No.2 is in judicial custody and the

trial of the case will take sufficient long time to be concluded.

Therefore, the benefit of bail should be granted.

Learned Public Prosecutor and learned counsel for the

complainant have vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and considering the fact that a specific allegation of

causing injury has been levelled against the petitioner No.1 Kashi

Ram, without expressing any opinion on the merits of the case,

this Court is not inclined to grant benefit of bail to the petitioner

No.1 at this stage.

Hence, the bail application qua the petitioner No.1 Kashi Ram

is dismissed. However, liberty is granted to him to file afresh after

recording the statement of the injured. The trial court is directed

to record the statement of the injured as early as possible.

So far as petitioner No.2 is concerned, without expressing

any opinion on the merits of the case, I deem it just and proper to

grant bail to him under Section 439 Cr.P.C.

Accordingly, the bail application qua petitioner No.2 filed

under Sec.439 Cr.P.C. is allowed and it is directed that petitioner

Ved Prakash S/o Sh. Girdhari Lal, shall be released on bail in

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[CRLMB-14784/2021]

connection with FIR No.201/2021 of Police Station Nokha, District

Bikaner provided he executes a personal bond in a sum of

Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-

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.

(MANOJ KUMAR GARG),J

39-MS/-