[2023:RJ-JD:32708] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11570/2023 Pyarchand S/o Shri Nathu, Aged About 53 Years, R/o Narsinghgarh, PS Nimbahera. (At Present Lodged In District Jail, Pratapgarh)
----Petitioner Versus The State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. Ramesh Chandra Purohit For Respondent(s) : Mr. A.R. Choudhary, PP HON'BLE MR. JUSTICE FARJAND ALI Order 04/10/2023
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
S.No. Particulars of the Case
1. FIR Number 40/2010
2. Concerned Police Station Dholapani
3. District Pratapgarh
4. Offences alleged in the FIR Section 302 of IPC
5. Offences added, if any Section 302/34 of IPC
6. Date of passing of impugned order 16.08.2023
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the (Downloaded on 12/11/2023 at 06:51:20 AM) [2023:RJ-JD:32708] (2 of 3) [CRLMB-11570/2023] accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. It is reported by the learned Public Prosecutor that the complainant Bhanwar had passed away in a vehicular accident one year ago. Thus, learned Public Prosecutor has been directed to safeguard the interest of the complainant also.
5. Heard learned counsel for the parties and perused the material available on record.
6. It is reflecting from the material available on record that from the earlier charge-sheet against the co-accused Laxman Singh has been filed only after rigorous trial, he has been acquitted from the charges vide judgment dated 25.03.2011. The statements of the witnesses got recorded in that trial have been examined by this Court. After going through the entire facts and circumstances of the case, more particularly the fact that the trial would still take a long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.
5. Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with (Downloaded on 12/11/2023 at 06:51:20 AM) [2023:RJ-JD:32708] (3 of 3) [CRLMB-11570/2023] two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J 156-Ashutosh/-
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