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Judgment
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the case diary.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioners who are in custody in
connection with F.I.R. No.35/2017, registered at Police Station
Sarwana, District Jalore for the offences under Sections 147, 148,
307, 395, 323, 342, 333, 353, 224, 225 and 149 IPC and Section
3 / 25, 28 of the Arms Act.
The petitioners no.2 Derama Ram and no.3 Babu Lal @
Dhola Ram are not named in the FIR or the first statement of the
injured witnesses. In this background and having regard to the
facts and circumstances available on record but without
expressing any opinion on the merits of the case, this Court is of
the opinion that the petitioners no.2 Derama Ram and no.3 Babu
Lal @ Dhola Ram deserve to be released on bail.
However, considering the nature of allegations attributed to
the petitioners no.1 Ameda Ram and no.4 Kishana Ram, they are
not entitled to be released on bail.
Accordingly, the instant bail application qua the petitioners
no.1 Ameda Ram and no.4 Kishana Ram is dismissed as being
devoid of any merit at this stage. However, they are given liberty
to file fresh bail application in changed circumstances.
However, the bail application qua the petitioners no.2
Derama Ram and no.3 Babu Lal @ Dhola Ram is allowed and it is
directed that the petitioners no.2 Derama Ram and no.3 Babu Lal
@ Dhola Ram arrested in connection with the F.I.R. No.35/2017,
registered at Police Station Sarwana, District Jalore shall be
released on bail provided they furnish a personal bond of
Rs.50,000/- each 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.