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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd 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 2nd 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
(2 of 3)
[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
(3 of 3)
[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
