Dev Chand vs State

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.49/2019, Police Station Pahada, Rishabhdev District Udaipur for the offences under Sections 342 and 302 of IPC.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that the charge- sheet in the case has been filed. He further submits that the petitioner has not been named by Shambhoo Lal in his statement recorded under Section 161 Cr.P.C. He further submits that on the motor-cycle of Shambhoo Lal, the deceased was going to village Sarera on the way they were intercepted by the co-accused persons and injuries were inflicted resulting into the death of Banshi

Lal. He further submits that there is no other evidence in the present case to connect the present petitioner with the offence alleged in this case. The conclusion of trial will take sufficient long time. Therefore, it is prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Dev Chand S/o Har Ji

Damore arrested in connection with F.I.R. No. 49/2019, Police Station Pahada, Rishabhdev District Udaipur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five 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.