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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor as well as learned counsel for the complainant. Perused the material available on record.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.154/2016, Police Station Anandpur Kalu, District Pali for the offences under Sections 452, 354, 323 & 306 IPC.
Learned counsel for the petitioner contends that ex-facie the allegations levelled by the prosecution in the FIR are unbelievable.
He submits that the I.O. has not found the allegation of the complainant that the deceased Shyam Lal was thrown in the well proved. Even the finding recorded regarding the deceased having been instigated to commit suicide is not substantiated by any evidence. Thus, he prays that the petitioner deserves to be released on bail.
Per contra, learned P.P. and learned counsel for the complainant vehemently oppose the submissions advanced by the petitioner's counsel. It is contended that an application has been filed on behalf of the prosecution to take cognizance against the non charge-sheeted accused and to proceed for offence under Section 302 IPC.
At this stage, learned counsel for the petitioner placed on record copy of order dated 18.1.2017 passed by the trial Court whereby such application has been rejected.
Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the Bar but without expressing any opinion on the merits 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 accused-petitioner, Pappu Ram arrested in connection with F.I.R. No.154/2016, Police Station Anandpur Kalu, District Pali 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.