Oma Ram vs State Of Rajasthan

Kuldeep Mathur, J

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. 168/2021 registered at Police Station Sadar, District Pali for the offences under Sections 143, 341, 395, 427 & 149 of I.P.C.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that co-accused Dinesh and Tajendra have already been enlarged on bail by a Coordinate Bench of this Court vide Orders dated 12.01.2022 & 13.01.2022, respectively. Therefore, he prays that the petitioner may also be enlarged on bail.

On the other hand, though, learned Public Prosecutor has opposed the bail application but he is not in a position to refute the submissions made by learned counsel for the petitioner.

The Order dated 12.01.2022 passed in S.B. Criminal Misc. Bail Application No. 15952/2021 (Dinesh Vs. State of Rajasthan) is reproduced as under :-

“In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.168/2021, Police Station Pali Sadar, District Pali, registered for the offence punishable under Sections 143 and 395 of the Indian Penal Code.

Heard learned counsel for the petitioner through videoconferencing and learned Public Prosecutor, present-in-person. Perused the material available on record.

Learned counsel for the petitioner stated that petitioner and complainant belongs to same village; there is a dispute in regard to transactions of vehicle between the petitioner and the complainant; petitioner has falsely been implicated in this case; charge-sheet has been filed; petitioner is behind the bars since 09.09.2021; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that as per charge-sheet, offence punishable under Sections 143 & 395 IPC has been established against the accused-petitioner. He further requested to call for the criminal antecedent report of the accused-petitioner.

In reply, learned counsel for the petitioner stated at bar that no other case is registered against the petitioner.

Having regard to the facts and circumstances of the case, particularly looking to the facts that charge-sheet has been filed; accused-petitioner is behind the bars since 09.09.2021; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the petitioner, Dinesh S/o Bhoma Ram, arrested in connection with F.I.R. No.168/2021, Police Station Pali Sadar, District Pali, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with 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.”

Having regard to the rival contentions of the parties and upon consideration of the facts and circumstances of the case, without commenting on merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.

Consequently, the present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Oma Ram S/o Chatra Ram arrested in connection with F.I.R. No. 168/2021 registered at Police Station Sadar, District Pali shall be released on bail provided he furnishes a personal bond of Rs.50,000/- with 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.