Citation : 2021 Latest Caselaw 9194 Raj
Judgement Date : 9 April, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4814/2021
Sonu Dhanka S/o Shiv Kumar, Aged About 25 Years, Ward No. 24, Near Rahupeer Dargarh, Anoopgarh, Ps Anoopgarh, District Sri Ganganagar. (At Present Lodged At Sub Jail Anoopgarh, District Sri Ganganagar).
----Petitioner Versus State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. H.S. Sidhu
For Respondent(s) : Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
09/04/2021
The instant bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in custody in relation to
FIR No.507/2020, Police Station Anoopgarh for offences under
Sections 143 & 306 of the IPC.
Heard learned counsel for the petitioner and learned Public
Prosecutor and perused the material available on record.
Material prosecution witnesses have been examined at the
trial. They did not support the prosecution case and were declared
hostile. As per the Parchabayan of the deceased Vinod Sahani, he
was perturbed because the petitioner and other co-accused were
allegedly obstructing him from doing his business.
Whether or not, the material available on record would
constitute the necessary ingredients of the offence under Section
306 IPC or whether, the act of the accused amounted to instigate
(2 of 2) [CRLMB-4814/2021]
the deceased to commit suicide, would be for the trial court to
appreciate, when the case is being finally decided. In any event, I
am of the opinion that the petitioner deserves indulgence of bail in
the case at hand.
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 petitioner.
Accordingly, the bail application is allowed and it is directed that
the accused-petitioner Sonu Dhanka S/ol Shri Shiv Kumar
arrested in connection with the F.I.R. No.507/2020 registered at
Police Station Anoopgarh shall be released on bail provided he
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 67-Sudhir Asopa/-
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