Full Judgment
28. 06/2012. PRESENT HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS, V.J.
Mr. B.K. Vyas, for the petitioners. Mr. A.R. Nikub, PP for the State. -- Heard learned counsel for the applicants and the learned Public Prosecutor and also perused the material available on record. It is submitted that the petitioners were arrested in connection with FIR No.28/2012, of Police Station- Nosra, District Jalore for the offence u/s 147, 148, 149, 323 and 307 of IPC. Learned counsel for the petitioners submits that the petitioners are in judicial custody since 21.04.2012, however, the counsel for the petitioners does not press the present bail application qua the petitioner No.1- Basti Ram S/o Lal Ram, against whom allegations have been levelled by the injured for inflicting injury on his head. Learned counsel for the petitioners submits that there is no specific allegations against the petitioner No.2 Chhaganlal, 2 of 2 therefore, he may be enlarged on bail. Accordingly, the present bail application qua the petitioner No.1- Basti Ram S/o Lala Ram is hereby rejected as not pressed. Learned Public Prosecutor vehemently opposed the bail application. Having regard to the nature of accusation and taking into consideration 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 enlarge the accused applicant/petitioner No.2- Chhagan Lal on bail. Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that the applicant/petitioner No.2- Chhagan Lal S/o Lal Ram, shall be released on bail in connection with FIR No.28/2012 of Police Station- Nosra, District Jalore, provided he executes a personal bond for a sum of Rs.20,000/- with two sound and solvent sureties of Rs.10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (GOPAL KRISHAN VYAS), V.J.
DJ/- 84