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Judgment
Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.193/2020 of Police Station Khinvsar, Distt. Nagaur for the offence(s) punishable under Section(s)
147, 148, 149, 341, 323, and 302 IPC. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that allegation of assaulting the deceased and the injured, levelled against the petitioner, is absolutely
false. It is further submitted that since the petitioner is 85 years old, it is difficult to comprehend that he, in this advanced age, had participated in the commission of crime. It is, thus, prayed that the petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application and while inviting my attention towards the police statements of the eye witnesses, have pointed out that those eye witnesses have stated that the petitioner had also inflicted injury by a lathi on the deceased so also the injured. It is also argued that a lathi has been recovered at the instance of the petitioner.
Having regard to the totality of the facts and circumstances of the case, particularly taking into consideraton the old age, which is 85 years, of the
petitioner, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439
Cr.P.C.
Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Bhallaram S/o Sh.
Riddharam shall be released on bail in connection with FIR No.193/2020 of Police Station Khinvsar, Distt. Nagaur provided he/she/they execute(s) a personal bond in the sum of (3 of 3) [CRLMB-1148/2021] Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the
completion of the trial.