HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4779/2021
1. Faruk Mohammed S/o Ishaq Sya, Aged About 30 Years, By Caste Muslim, R/o Narsingh Basni, Thanwla Police Station, District Nagaur. (Lodged In District Jail Merta).
2. Sadiq Mohammed S/o Ishaq Sya, Aged About 35 Years, By Caste Muslim, R/o Narsingh Basni, Thanwla Police Station, District Nagaur. (Lodged In District Jail Merta).
----Petitioners Versus State of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. O.P. Joshi
For Respondent(s) : Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
08/04/2021
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in custody in relation to FIR No.122/2020, Police Station Thanwla, District Nagaur for offences under Sections 302/34 & 120-B IPC.
Heard learned counsel for the petitioners and learned Public Prosecutor and perused the challan papers.
After rejection of the first bail application (No.354/2021) of the present petitioners by this Court vide order dated 15.02.2021, statements of material witnesses Kismat Bano and Rehana Bano have been recorded at the trial as PW.1 & PW.2. They did not support the prosecution case and were declared hostile. The deceased Rajiya Bano married Nissar Mohd about 10-12 years (Downloaded on 08/04/2021 at 09:02:10 PM) (2 of 2) [CRLMB-4779/2021] ago. She was murdered in her matrimonial home on 15.07.2020 on which the FIR came to be registered by her brother Mohammad Ali for the offences under Sections 302/34 & 302/120-B IPC. Charge sheet has been filed against the petitioners and Nisar Ali. The petitioners happen to be the brothers-in-law of the deceased. The cause of death of Smt. Rajiya Bano was strangulation as per the postmortem report. The main allegations of the prosecution are against her husband Shri Nisar Ali.
In this background and having regard to the overall facts and circumstances of the case as available on record, this Court is inclined to extend indulgence of bail to the accused petitioners. Accordingly, the bail application is allowed and it is directed that the accused-petitioners (1) Faruk Mohammed S/o Shri Ishaq Sya & (2) Sadiq Mohammed S/o Shri Ishaq Sya arrested in connection with the F.I.R. No.122/2020 registered at Police Station Thanwla, District Nagaur shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(SANDEEP MEHTA),J 57-Sudhir Asopa/-
(Downloaded on 08/04/2021 at 09:02:10 PM) Powered by TCPDF (www.tcpdf.org)