Bheema Ram S/o Shri Mohan vs State of Rajasthan

Petitioner Bheema Ram, apprehending his arrest in FIR No. 86/2016, Police Station- Guda Endla registered for the offences under Sections 458, 323, 143, & 325 IPC, has moved this bail application under Section 438 Cr.P.C..

Learned counsel for the petitioner submits that petitioner Bheema Ram has been implicated in this matter when he interfered in the assault just to pacify the rival parties. Moreover, the place of occurrence is an open Chowk which cannot be considered as a constructed part of the House. Thus, the offence punishable under Section 458 IPC has been wrongly mentioned. In this regard, learned counsel has also referred the order dated 19th December, 2016 whereby other co-accused have been granted regular bail by the learned ADJ, Pali on the ground that the place of occurrence is an open chowk. Learned counsel has also urged that no recovery is required to be made from the accused petitioner.

Learned Public Prosecutor has vehemently opposed the prayer saying that the place of occurrence exists amongst the constructed house of the complainant and injury inflicted upon the body of injured is of grievous nature.

Taking the relevant facts into consideration, without expressing any opinion on the merits of the case, this Court is inclined to grant anticipatory bail to the accused petitioner Bheema Ram.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Bheema Ram S/o Mohan in connection with F.I.R. No. 86/2016, Police Station Guda Endla, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on

the following conditions :-

(i). that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii). that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and

(iii). that the petitioner shall not leave India without previous permission of the court.