IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.6174/2010. Ram Niwas Vs. State of Rajasthan Date of order : July 19, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Mahesh Gupta for petitioner. Shri Amit Poonia, Public Prosecutor for State. Shri Mahesh Chandra, ASI (IO) PS Bansoor, Alwar is present in person. ******
Heard learned counsel for petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of the learned counsel for petitioner is that two fractures shown on the head of injured-Laxmi were in fact never sustained by her and a false medical report has been prepared by the medical officer, who subsequently was trapped and caught red handed by the officials of the anti corruption bureau while preparing the similar false report. It is on the complaint of the petitioner that the Superintendent of Police directed for fresh medical examination of the injured by the medical board but despite repeated communications, injured-Laxmi did not turn up for medical examination for which, police had to file a complaint against her for offence under Section 172 IPC in which, cognizance has been taken. A false case for offence under Section 307 IPC has been registered otherwise, all other offences are bailable in nature.
Learned Public Prosecutor has opposed the bail application but could not dispute the factual submissions made by the learned counsel for petitioner.
Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail.
In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Ram Niwas S/o Shri Ram Kunwar shall be released on bail in FIR No.478/2009 P.S. Bansoor, District Alwar for offence u/Ss.323, 341, 325 and 307 IPC on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial.
(MOHAMMAD RAFIQ), J.
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