Rajasthan High Court - Jodhpur
Narendra @ Narsingh vs State Of Rajasthan (2023:Rj-Jd:41604) on 1 December, 2023
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
[2023:RJ-JD:41604]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous IV Bail Application No. 12268/2022
Narendra @ Narsingh S/o Sh. Hadman, Aged About 41 Years,
B/c Sargara, R/o Vishnu Nagar, Teh. Luni, Jodhpur. (Presently
Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Rajiv Bishnoi
For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 01/12/2023 Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.56/2018 of Police Station Luni, District Jodhpur for the offence(s) punishable under Section(s) 302, 120-B, 394 and 411 IPC. He/she/they has/have preferred this/these fourth bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per the charge-sheet, the petitioner alongwith co-accused persons namely Jitendra, Narendra, Govind and Kailash has committed (Downloaded on 02/12/2023 at 08:37:34 PM) [2023:RJ-JD:41604] (2 of 3) [CRLMB-12268/2022] murder of father-in-law of the complainant and sold the goats to the other co-accused persons. It is further submitted that the police has collected foot moulds of the co-accused persons i.e. the present petitioner, Jitendra, Govind, Kailash, Sohel, Moinudeen and Akhatar from the place of incident, however, charge-sheet against co-accused persons namely Sohel, Moinudeen and Akhatar has been filed only for the offence under Section 411 IPC. Learned counsel has submitted that the prosecution case is purely based on scientific evidence and out of 22 prosecution witnesses, only 12 witnesses have been examined before the trial court and the prosecution has failed to produce cogent evidence against the petitioner. It is also submitted that the petitioner is in jail from around five years and eight months, however, trial against him has not been concluded till date.
Per contra, learned Public Prosecutor has opposed the fourth bail application.
Having regard to the totality of the facts and circumstances of the case, particularly taking into consideration the custody period of the petitioner, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these fourth bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Narendra @ Narsingh S/o Sh. Hadman shall be released on bail in connection with FIR No.56/2018 of Police Station Luni, District Jodhpur provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned (Downloaded on 02/12/2023 at 08:37:34 PM) [2023:RJ-JD:41604] (3 of 3) [CRLMB-12268/2022] trial court for his/her/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.
(VIJAY BISHNOI),J 13 - ms rathore (Downloaded on 02/12/2023 at 08:37:34 PM) Powered by TCPDF (www.tcpdf.org)