Rajasthan High Court - Jodhpur
Ashok Kumar vs State Of Rajasthan (2024:Rj-Jd:23288) on 22 May, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:23288]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 5422/2024
Ashok Kumar S/o Sh. Mota Ram, Aged About 25 Years, R/o
Narsali Nadi Kolu, P.s. Bayatu District Balotra.
(Presently Lodged In Sub Jail Balotra)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vijay Raj Bishnoi
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 22/05/2024 This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.51/2023, registered at Police Station Pachpadara, District Barmer, for the offences under Sections 332, 353, 307 and 120-B of IPC & Section 3 of PDPP Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that as per the prosecution, on 20.02.2023, the accused petitioner along with one Omaram intentionally hit a police vehicle bearing registration No.RJ-04-UA-6014 by their offending vehicle isuzu. Driver of the police vehicle namely Shri Hanumana Ram sustained injuries in the aforesaid incident. Learned counsel submitted that injuries (Downloaded on 24/05/2024 at 09:09:46 PM) [2024:RJ-JD:23288] (2 of 3) [CRLMB-5422/2024] allegedly sustained by Shri Hanumana Ram in the aforesaid incident are not grievous in nature.
Lastly, learned counsel for the petitioner submitted that the petitioner is 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-petitioner.
Per Contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that petitioner is an habitual offender and the charge-sheet against him has been filed by the Investigating Agency under Section 307 IPC read with Sections 332, 353 and 120-B IPC and Section 3 of PDPP Act. It was further contended that at the time of alleged incident, the co- accused- Omaram fired gunshots towards the police vehicle. Learned counsel submitted that looking to the seriousness of accusations levelled against the present petitioner, he does not deserve to be enlarged on bail.
Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that specific allegation of opening fire at police personnels have been levelled against the co-accused- Omaram, who had already expired; no police personnel in the alleged incident that took place on 20.02.2023 has sustained serious/grievous injuries; the investigation against the petitioner has already been completed; the prosecution has not shown any apprehension of petitioner influencing the prosecution witnesses or fleeing away from justice, in case, he is enlarged on bail. Thus, without expressing any (Downloaded on 24/05/2024 at 09:09:46 PM) [2024:RJ-JD:23288] (3 of 3) [CRLMB-5422/2024] opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ashok Kumar S/o Sh. Mota Ram arrested in connection with F.I.R. No.51/2023, registered at Police Station Pachpadara, District Barmer, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J 51-TarunGoyal/-
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