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Judgment
Heard learned counsel for the petitioners, learned Public Prosecutor, learned counsel for the complainant and also perused the material on record.
The petitioners have been arrested in FIR No.301/2016 of Police Station Nayasahar, District Bikaner for the offences punishable under Sections 307, 392, 341, 324, 120-B IPC and Sections 27 and 3 / 25 of the Arms Act. They have preferred these second bail applications under Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted that in the FIR, allegations of committing offence punishable under Sections 307, 392, 324, 341 IPC and Section 27 of the Arms Act are against three persons and as per the charge-sheet filed by the police, those three persons are Brahamdev, Indrajeet and Manish Sharma. It is submitted that out of those three persons, one Indrajeet has been arrested, whereas, Brahamdev and Manish Sharma are absconding. It is submitted that in the charge-sheet, the police has mentioned that petitioners Ratan Singh and Ramniwas hatched conspiracy with Brahamdev for commission of the offences mentioned in the charge-sheet from the Manager of the petrol pump, however, as a matter of fact, there is no material available on record which suggests that the petitioners were in contact with those three persons namely Brahamdev, Indrajeet and Manish Sharma in any manner. It is argued that even as per the charge-sheet, the petitioners were not present at the place of incident and the above named three accused persons have committed the crime. It is, therefore, prayed that the petitioners may be enlarged on bail.
Per contra, learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application.
Having regard to the totality of the facts and circumstances of the case and after perusal of the charge-sheet, 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, these second bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners - Ratan Singh son of Aasu Singh and Ramniwas Vishnoi son of Roshan Lal shall be released on bail in connection with FIR No.301/2016 of Police Station Nayasahar, District Bikaner provided each of them executes a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.