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Judgment
Kuldeep Mathur, J
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.164/2023, registered at Police Station Chohtan, District Barmer, for the offences punishable under Sections 342, 323, 382, 364A & 506 IPC.
Heard learned counsel for the parties. Perused the material available on record.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. He further submitted that the main accused Raghunath Prasad (S.B. Criminal Miscellaneous Bail Application No.10131/2023) has already been enlarged on bail by this Court vide order dated 18.08.2023 on the basis of the compromise between him and the complainant. Learned counsel for the petitioner submitted that in the FIR the specific allegation of kidnapping and demanding ransom levelled by the complainant against Raghunath Prasad, who has already been enlarged on bail. Learned counsel submitted that since main accused of the case has already been enlarged on bail on the basis of compromise, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period. On these grounds, learned counsel for the petitioner prayed that the petitioner may be enlarged on bail.
Learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that the co-accused Raghunath Prasad has already been enlarged on bail by this Court vide order dated 18.08.2023 on the basis of compromise between him and the complainant- Shyam Sunder.
Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/ demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Chotha Ram S/o Megha Ram arrested in connection with F.I.R. No.164/2023, registered at Police Station Chohtan, District Barmer, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.