Suresh Kumar And Others vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with F.I.R. No.81/2022, registered at Police Station Sahawa, District Churu, for the offences punishable under Sections 307, 325, 323, 435 & 447 of I.P.C.

Heard learned counsel for the petitioners as also the learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

Learned counsel for the petitioners submits that in the F.I.R. dated 14.05.2022, the petitioners have been falsely implicated in the criminal case. It is submitted that a dispute took place between the petitioners/applicants and the complainants, due to digging of the “diggi” in the field of the petitioners. In the quarrel which took place, injuries has been received by both the applicants and the complainants. Counsel further submits that in the F.I.R., a false story has been narrated by the complainant only with a view to harass and humiliate the petitioners. It was further submitted that the injuries received by the complainants are found to be simple in nature. The petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioners.

Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/ demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioners (1) Suresh Kumar S/o Shri Rameshwar Lal & (2) Sarwan Kumar S/o Rameshwar Lal arrested in connection with F.I.R. No.81/2022, registered at Police Station Sahawa, District Churu shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.