The High Court of Rajasthan allowed second bail applications filed by Bhera Ram and Bhagaram. The Court granted bail without expressing an opinion on the merits, directing execution of personal bonds with sureties.
Release of petitioners on personal bonds of Rs.1,00,000/- each with sureties of Rs.50,000/- each till the conclusion of the trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4908/2024
Bhera Ram S/o Hukma Ram, Aged About 20 Years, R/o Aakal Fanta (Ogala), Ps Sedawa, Dist Barmer. (Lodged In Dist Jail Barmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 863/2024 Bhagaram S/o Motaram, Aged About 27 Years, R/o Sahuo Ki Beri, Lolo Ki Beri Ps Dhorimanna, Dist Barmer, Raj (Lodged In Dist. Jail, Barmer, Raj)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Sidharth Karwasra |
|---|---|---|
| Mr. | SanjayBishnoi | |
| For Respondent(s) | : Mr. |
A.R. Choudhary,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
27/05/2024
The petitioners have been arrested in connection with FIR No.63/2021 of Police Station Dhorimanna, District Barmer, for the offence punishable under Sections 147, 148, 341, 323, 325, 302/149 of IPC (in S.B. CLMB No.4908/2024) & Sections 148, 341, 323/149, 325/149 & 302/149 (in SBCRLMB No.863/2024). They have preferred these second bail applications under Section
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[CRLMB-4908/2024]
(2 of 3)
439 Cr.P.C. The first bail application of the petitioners was dismissed as not pressed vide order dated 23.09.2022.
Learned counsel for the petitioners submits that similar situated co-accusd Ram Jivan has been granted bail by the CoOrdinate Bench of this Court being S.B. Criminal Misc. Bail Application No.2242/2024 and the case of present petitioners are not distinguishable from that of co-accused. Counsel further submits that the name of the petitioners were not mentioned in the FIR but later on after two months of the incident, the statement of Nemichand has been recorded, in which he took the name of the present petitioners. There was no connecting evidence against the petitioners. The accused-petitioners is in judicial custody since 19.08.2021 (Bhera Ram) and 11.03.2021 (Bhagaram) and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bails should be granted to the accused-petitioners.
Learned Public Prosecutor vehemently opposed the bail applications.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bails to the accused petitioners under Section 439 Cr.P.C.
Accordingly, the bail applications filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Bhera Ram S/o Hukma Ram & (2) Bhagaram S/o Motaram shall be released on bail in connection with FIR No.63/2021 of Police Station Dhorimana, District Barmer, provided they execute personal bonds in a sum of Rs.1,00,000/- each with two sound and solvent
(3 of 3) [CRLMB-4908/2024]
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sureties of Rs.50,000/- 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.
(MANOJ KUMAR GARG),J
88-89 Ishan/-
1 issue framed by the court
Whether bail should be granted to the petitioners in the absence of connecting evidence and in light of the delay in implicating them in the FIR.
1 provisions across 1 enactments
Bhera Ram
Bhagaram
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
