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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.13/2017, registered at Police Station Sadar, Nagaur for the offence under Section 304 IPC.
Learned senior counsel Shri Bora urges that the I.O. after completing investigation has reached to a positive conclusion that the deceased Ghewar Ram was a man having criminal antecedents. He was trying to extort money from the petitioner and upon resistance being offered, he started assaulting the petitioner. During this quarrel, the petitioner in order to save himself gave a single knife blow to the deceased which proved fatal. He drew the Court's attention to the injuries received by the petitioner in this very incident and urges that the deceased himself was aggressor and prays that the petitioner deserves to be released on bail.
Learned P.P. opposes the submissions advanced by the petitioner's counsel. However, he too does not dispute the fact that the I.O. has filed charge-sheet against the petitioner only for the offence under Section 304 IPC with the above conclusions.
In this background and having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Mohammad Ali arrested in connection with F.I.R. No.13/2017, registered at Police Station Sadar, Nagaur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.