Harish And Others vs State Of Rajasthan And Others

Manoj Kumar Garg, J

The petitioners have been arrested in connection with FIR No.127/2023 of Police Station Chorasi, District Dungarpur for the offence punishable under Sections 143, 341, 302, 120B IPC. They have preferred these bail applications under Section 439 Cr.P.C.

Counsel for the petitioners submit that specific allegation of hurling stone upon the deceased, who was merely two years old, was made against co-accused Ramlal and not against the present petitioners. According to the postmortem report, only single injury was found on the body of the deceased. Nothing has to be recovered from the petitioners. Challan of the case has already been presented and no investigation is pending. The accused-petitioners are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.

Learned Public Prosecutor has vehemently opposed the bail applications.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

Accordingly, all the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Harish S/o Bapu Lal, (2) Subhash S/o Mahendra, (3) Naresh S/o Bhogi Lal, (4) Kanak Mal S/o Ramesh Chandra, (5) Miss Payal D/o Harish & (6) Dhanraj S/o Shri Dhula @ Dhuleshwr shall be released on bail in connection with FIR No.127/2023 of Police Station Chorasi, District Dungarpur provided each of them executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for 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.