Citation : 2021 Latest Caselaw 19029 Raj
Judgement Date : 14 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11259/2021
Karna Ram S/o Tulcharam, Aged About 23 Years, R/o Kharader Ogala Thana Sedwa, Dist. Barmer (Rajasthan) (Presently Lodged In Central Jail Barmer)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. IR Choudhary Ms. Aasu Devi Mr. Abdul Kadir For Respondent(s) : Mr. Mahipal Bishnoi
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
14/12/2021
Heard learned counsel for the parties and perused the
material available on record.
The petitioner(s) has/have been arrested in FIR No.115/2020
of Police Station Sedwa, District Barmer for the offence(s)
punishable under Section(s) 302 of IPC. He/she/they has/have
preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the
allegation levelled against the petitioner of mixing some poison in
the liquor consummed by the deceased is absolutely false. He has
further submitted that the police have failed to collect any
evidence of this effect that the petitioner had mixed the poison in
the liquor consummed by the deceased except his confessional
statements recorded after his arrest. Learned counsel for the
(2 of 2) [CRLMB-11259/2021]
petitioner has further submitted that as a matter of fact the
petitioner along with two other persons namely Ganga Ram and
Amraram was with the deceased soon before his death. It is
submitted that when the deceased felt uncomfortable, the
petitioner took him to the hospital. Learned counsel for the
petitioner has submitted that the petitioner is in custody since
long and the trial of the case will take time.
Learned Public Prosecutor has opposed the bail
application(s).
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 petitioner(s)
under Section 439 Cr.P.C.
Accordingly, this/these bail application(s) filed under Section
439 Cr.P.C. is/are allowed and it is directed that petitioner(s) -
Karna Ram S/o Tulcharam shall be released on bail in connection
with FIR No.115/2020 of Police Station Sedwa, District Barmer
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 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
26-mohit/-
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