Rajasthan High Court - Jodhpur
Oma Ram @ Kalu Ram Kaliya vs State Of Rajasthan (2024:Rj-Jd:34955) on 23 August, 2024
Author: Rajendra Prakash Soni
Bench: Rajendra Prakash Soni
[2024:RJ-JD:34955]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 1st Bail Application No. 9989/2024
Oma Ram @ Kalu Ram Kaliya S/o Shri Laxman Ram, Aged About
22 Years, R/o Kui Inda, Police Station Balesar, District Jodhpur
(Raj.)
(Presently Lodged At Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Bhawani Singh
For Respondent(s) : Mr. Ramesh Dewasi, PP with
Mr. Ravindra Singh
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order 23/08/2024
1. Petitioner is lugged and locked in F.I.R No.167/2024 of Police Station Shergarh, District Jodhpur, for the offence under Section(s) 332, 353, 307 of the I.P.C. and under Section 3 of PDPP Act. He has filed this application for restoration of liberty under section 483 BNSS 2023 (Section 439 of old Code).
2. Heard arguments advanced by learned counsel for the applicant, learned public prosecutor and carefully perused the entire material available on record.
3. Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the applicant. He thus, craves rejection of the applicant's bail application.
4. I have given my anxious consideration to the rival submissions with reference to material placed before me. (Downloaded on 23/08/2024 at 09:58:57 PM) [2024:RJ-JD:34955] (2 of 3) [CRLMB-9989/2024]
5. On perusal of the record and upon consideration of the submissions, it would be clear that present is a matter of assault on a police party. Injured Gangaram has received injuries which are simple in nature. Charge-sheet has already been filed. No life threatening injury has been caused to anyone.
6. Having considered the material available on record; the arguments advanced by counsel for the applicant particularly the facts narrated above and the fact that applicant is in custody since 09.07.2024; that trial is likely to take its own considerable time and taking note of all these aspects, I do not intend to go into the merits of the matter but of the considered view that the applicant has available to him substantial grounds so as to question the prosecution case and no useful purpose would be served by keeping the applicant in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioner at this stage.
7. Consequently, the present bail application is allowed and it is directed that the accused-petitioner Oma Ram @ Kalu Ram Kaliya S/o Shri Laxman Ram, arrested in connection with the F.I.R No.167/2024 of Police Station Shergarh, District Jodhpur shall be released on bail provided he furnishes a personal bond and two surety bonds of sufficient amount 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. This order is subject to the condition that accused, within 7 days of his release, and sureties on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and (Downloaded on 23/08/2024 at 09:58:57 PM) [2024:RJ-JD:34955] (3 of 3) [CRLMB-9989/2024] branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.
(RAJENDRA PRAKASH SONI),J 102-minki/-
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