Rajasthan High Court - Jodhpur
Shrawan Kumar vs State Of Rajasthan on 14 December, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13780/2021
Shrawan Kumar S/o Sh. Polaram, Aged About 44 Years, B/c
Meghwal, R/o Village Bagra, Police Station Bagra, Tehsil And
District Jalore (Raj. ) (Presently Lodged In District Jail, Jalore)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pradeep Shah
For Respondent(s) : Mr. Mahipal Bishnoi, PP
For complainant(s) : Mr. Raghunath Bishnoi
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
14/12/2021
Heard learned counsel for the parties and also perused the
material on record.
The petitioner has been arrested in FIR No.129/2020 of
Police Station Bagra, District Jalore for the offences punishable
under Sections 302 of IPC. He has preferred this bail application
under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the
police have filed charge-sheet against the petitioner for the
offence punishable under Section 302 of IPC solely on the basis of
statements of sole eye witness- Kheta Ram S/o Moda Ram, who
initially in his police statements recorded under Section 161 Cr.P.C.
has not levelled any allegation upon the petitioner but later on, in
his supplementary statements, recorded after a month, has
named the petitioner and alleged that the petitioner inflicted injury
(2 of 2) [CRLMB-13780/2021]
on the head of the deceased by stone and on account of that
deceased-Shiv Lal died. It is further submitted that now the
statements of said eye witness-Kheta Ram have been recorded
before the trial court as PW-5, wherein he has not supported the
prosecution story and turned hostile. Learned counsel for the
petitioner has also submitted that when the main eye witness-
Kheta Ram has not supported the prosecution story and turned
hostile, it would be very difficult for the prosecution to prove the
guilt of the petitioner.
Learned Public Prosecutor and learned counsel for the
complainant have vehemently 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 Shrawan Kumar
S/o Sh. Polaram shall be released on bail in connection with FIR
No.129/2020 of Police Station Bagra, District Jalore provided he
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
40-Arun/-
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