AI Structured Summary
Not yet generated for this judgment
Judgment
Both the aforementioned bail applications shall stand decided by this common order as they arise out of the same F.I.R.
The present bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R.
No. 297/2019, Police Station Chouhtan, District Barmer for the offences under Sections 341, 323, 326, 326/34 & 120-B of I.P.C. and Section 7 read
with Section 8 of POCSO Act, 2012.
Heard learned counsel for the petitioners, learned Public Prosecutor and the learned counsel for the complainant. Perused the material available on
record.
Learned counsel for the petitioners submit that the present case has been registered after two vehicles, in which the petitioners and the complainant
were traveling, met with an accident. After the heated altercations between the petitioners and the complainant, there was a free fight between the
parties, in which the complainant party suffered seven injuries. Learned counsel further submit that as per the medical report, the injuries suffered by
the injured â€" Narayan are not grievous in nature. He further submit that the petitioners are behind the Bars for last more than 15 days.
Learned Public Prosecutor and the learned counsel for the complainant vehemently oppose the bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail
applications filed by the petitioners deserve to be accepted.
Consequently, both the bail applications under Section 439 of Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Vishna Ram S/o
Magna Ram, (2) Moda Ram S/o Magna Ram, (3) Pappu Ram S/o Bhura Ram and (4) Nimbaram S/o Kesa Ram arrested in connection with F.I.R.
No. 297/2019, Police Station Chouhtan, District Barmer shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/-
(Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/-(Rupees : Twenty Five Thousand Only) 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.
