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  • In The Court of Sessions Judge at Jodhpur District, Jodhpur

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    Balveer Choudhary
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    The document summarizes a court order from a Sessions Judge in Jodhpur, India regarding a bail application. In the order, the Judge: 1) Notes that the accused, Birda Ram, filed a bail application under section 439 of the Criminal Procedure Code for an offense under sections 147, 323, 341, 427, 308, 325 and 447/149 of the Indian Penal Code. 2) Discusses the arguments from the defense lawyer and public prosecutor, with the defense arguing he was wrongly implicated and the prosecutor noting two other criminal cases against the accused. 3) Grants the bail application for the accused and directs he be released on bail upon furnishing a personal bond of Rs

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    The document summarizes a court order from a Sessions Judge in Jodhpur, India regarding a bail application. In the order, the Judge: 1) Notes that the accused, Birda Ram, filed a bail application under section 439 of the Criminal Procedure Code for an offense under sections 147, 323, 341, 427, 308, 325 and 447/149 of the Indian Penal Code. 2) Discusses the arguments from the defense lawyer and public prosecutor, with the defense arguing he was wrongly implicated and the prosecutor noting two other criminal cases against the accused. 3) Grants the bail application for the accused and directs he be released on bail upon furnishing a personal bond of Rs

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    © All Rights Reserved
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    25 views3 pages

    In The Court of Sessions Judge at Jodhpur District, Jodhpur

    Uploaded by

    Balveer Choudhary
    The document summarizes a court order from a Sessions Judge in Jodhpur, India regarding a bail application. In the order, the Judge: 1) Notes that the accused, Birda Ram, filed a bail application under section 439 of the Criminal Procedure Code for an offense under sections 147, 323, 341, 427, 308, 325 and 447/149 of the Indian Penal Code. 2) Discusses the arguments from the defense lawyer and public prosecutor, with the defense arguing he was wrongly implicated and the prosecutor noting two other criminal cases against the accused. 3) Grants the bail application for the accused and directs he be released on bail upon furnishing a personal bond of Rs

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    © All Rights Reserved
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    of 3

    IN THE COURT OF SESSIONS JUDGE

    AT JODHPUR DISTRICT, JODHPUR

    Presiding Officer : Raghavendra Kachawal, R.J.S. (D.J. Cadre)

    CRIMINAL MISC. BAIL APPL. NO. 650/2021

    Birda Ram S/o Jora Ram, Aged 46 Yrs., R/o Dhadhu, P.S. Phalodi, District
    Jodhpur.
    - Accused/Applicant
    Vs.
    State of Rajasthan, through Public Prosecutor
    - Non Applicant

    CRIMINAL MISC. BAIL APPLICATION UNDER SECTION 439


    Cr.P.C. IN SESSIONS CASE NO. 90/2019 (F.I.R. NO. 30/2018 OF
    P.S. BALESAR) FOR THE OFFENCE PUNISHABLE UNDER 147,
    323, 341, 427, 308, 325 & 447/149 IPC.

    Counsel appeared:-
    1. Shri B.R. Godara, Learned Advocate for the accused/applicant.
    2. Shri Lada Ram Bishnoi, Learned Public Prosecutor for the State.

    ORDER Date: 01.09.2021

    1. This bail application has been filed under Section 439 Cr.P.C.
    by the applicant-accused Birda Ram S/o Jora Ram in this court on
    31.08.2021. A copy of the bail application has been provided to the public
    prosecutor.

    2. Brief facts of the bail application are that an FIR No. 30/2018
    had been filed by the complainant, Birbal Ram in police station Balesar,
    District Jodhpur, which was registered under sections 143, 341, 323, 447,
    427 & 379 IPC. The applicant-accused was produced before learned trial
    court on 07/08/2021 in compliance of production warrant. Thereafter, he was
    taken in judicial custody. The applicant-accused has filed the bail application
    before this court under section 439 of Cr.P.C.

    3. The learned advocate of the applicant-accused has argued that


    (2)

    Cr. Misc. Bail Appl. No. 650/2021 Order dt. 01.09.2021

    the applicant-accused has been wrongly implicated in this case. He was not
    present at the time of incident. His name is not mentioned in the FIR. It is
    further argued that the co-accused Bhenpa Ram, Budha Ram, Dinesh,
    Pappa Ram & Siya Ram @ Shiv Lal have been enlarged on bail by this court
    and the case of present applicant-accused is not different from the case of
    co-accused. The applicant-accused is behind the bars since 07/08/2021.
    Therefore, the bail application of the applicant-accused should be allowed.

    The Learned Public Prosecutor opposed the bail application


    and argued that there are 02 other criminal cases pending against the
    applicant-accused, which are as under:-

    S.No. FIR No. Police Station Under section


    1. 74/1999 Phalodi 147, 341, 323 IPC
    2. 203/1998 Phalodi 147, 148, 149, 324, 447, 354
    IPC

    Therefore, the bail application of the applicant-accused should


    be dismissed.

    4. I have heard the arguments of both the parties and perused the
    case file. Brief facts of the case are that the complainant, Birbal Ram filed a
    typed report before P.S. Balesar on 22/02/2018. It is mentioned in the report
    that his son Anil and Sumera Ram, Ram Swaroop, Prema Ram went to
    Bambor to purchase chili. As they were returning back, suddenly, Papa Ram,
    Shiv Lal, Banshi Lal, Dinesh, Bhepa Ram, Budha Ram and other 10-15
    persons attacked on Anil etc. with deadly weapons. Anil & Sumera Ram
    received injuries in this incident. Thereafter, the accused persons fled away
    from the place of incident. This FIR has been lodged under sections 143,
    341, 323, 447, 427 & 379 IPC. The applicant-accused is behind the bars
    since 07/08/2021. After completion of investigation, P.S. Balesar filed the
    charge-sheet against the accused persons under sections 147, 323, 341,
    427, 308, 325, 447/149 IPC. It is true that the name of present applicant-
    accused has not been mentioned in the FIR and the bail application no.
    552/2018 of co-accused Bhenpa Ram & Budha Ram has been allowed by
    this court on 18/07/2018 and same like the bail application no. 432/2018 &
    310/2018 of co-accused Dinesh and; Pappa Ram & Anr. have been allowed
    by this court on 19/05/2018 & 17/04/2018 respectively. It cannot be said that
    the case of present applicant-accused is different from these co-accused.
    Therefore, looking at the facts and circumstances of the case, but without
    (3)

    Cr. Misc. Bail Appl. No. 650/2021 Order dt. 01.09.2021

    contemplating or expressing any opinion on the merits and demerits of the


    case, I deem it just and proper to release the accused-applicant on bail.

    5. Therefore, this bail application is granted and it is directed that


    the accused-applicant Birda Ram shall be released on bail under Section 439
    Cr.P.C. in connection with the aforesaid FIR, provided he furnishes a
    personal bond in the sum of Rs. 25,000/- together one surety of the same
    amount, to the satisfaction of this court with the stipulation that he shall
    appear before that court on all subsequent dates of hearing and as and when
    called upon to do so.

    (Raghavendra Kachawal)
    Sessions Judge,
    Jodhpur District, Jodhpur

    6. This order is pronounced in open court today on dated


    01.09.2021.

    (Raghavendra Kachawal)
    Sessions Judge,
    Jodhpur District, Jodhpur

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