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Judgment
Yogendra Kumar Purohit, J
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.186/2022 Police Station Samdari, District Barmer for the offences under Sections 341, 323/34, 307, 427 of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. The present petitioner is the driver of the alleged vehicle. The accused-petitioner has neither committed any beating, injuries nor has given threatening to complainant and no recovery has been made from him. As per the FIR itself the beatings have been given by Surendra Singh and Mahipal Singh only. The petitioner has only damaged the car. The accused-petitioner is in incarceration since 11.12.2022. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.
The learned Public Prosecutor has opposed the bail and submitted that the investigation is pending and there is allegation of causing injury by sword to Nepal Singh by accused Surendra Singh. Therefore, he prays not to enlarge the petitioner on bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Amarbharti S/o Shaitan Bharti arrested in connection with aforesaid F.I.R. shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lac Only) with two sureties of Rs.50,000/- (Rupees : Fifty Thousand Only) 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.