Rajasthan High Court - Jodhpur
Suresh Kumar vs State Of Rajasthan (2023:Rj-Jd:41810) on 2 December, 2023
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
[2023:RJ-JD:41810]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9749/2022
Suresh Kumar S/o Kishana Ram, Aged About 32 Years, R/o
Rohila Tehsil Dhorimanna Dist. Barmer (At Present Lodged At
Sub Jail Bhinmal)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kishan Lal Bishnoi
For Respondent(s) : Mr. B. R. Bishnoi, PP
Mr. Anil Joshi, GA-cum-AAG with
Mr. Rajat Chhaparwal
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 02/12/2023 Heard learned counsel for the parties and perused the material on record.
The petitioner has been arrested in FIR No.61/2020 of Police Station Jhab, District Jalore for the offences punishable under Sections 450, 394, 397 and 302/34 of IPC and Section 4/25 Arms Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that after rejection of the earlier bail application of the petitioner, statements of the prosecution witnesses PW-1 Pradeep Kumar, PW-2 Naresh Soni and PW-6 Deepak Jignani have been recorded before the trial (Downloaded on 02/12/2023 at 08:42:12 PM) [2023:RJ-JD:41810] (2 of 3) [CRLMB-9749/2022] court and all of them have not supported the prosecution story and turned hostile. Learned counsel has submitted that PW-1 Pradeep Kumar has denied that the petitioner and other co- accused persons have purchased a knife from him. It is also submitted that PW-2 Naresh Soni has also not supported the prosecution story and denied that two persons came on a motorcycle and purchased knife. It is further submitted that the person namely PW-6 Deepak Jignani, as per the prosecution, who has prepared DVD from the CCTV cameras, has also not supported the prosecution story and turned hostile and he has specifically stated that he did not prepare any DVD from the CCTV camera, however, has prepared DVC from the pen drive made available to him by the police. Learned counsel has submitted that in view of the fact that the main prosecution witnesses have not supported the prosecution story, it is very difficult for the prosecution to prove the guilt of the petitioner. It is also submitted that the petitioner is in custody since 03.09.2020 and the trial against him has not been concluded till date.
Learned Public Prosecutor has opposed the bail application. Having regard to the 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 grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Suresh Kumar S/o Kishana Ram shall be released on bail in connection with FIR No.61/2020 of Police Station Jhab, District Jalore provided he (Downloaded on 02/12/2023 at 08:42:12 PM) [2023:RJ-JD:41810] (3 of 3) [CRLMB-9749/2022] executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.
(VIJAY BISHNOI),J 3-DivyaTak/-
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