Bheem Singh @ Bheema vs State
2021 Latest Caselaw 19116 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12347/2021

Bheem Singh @ Bheema S/o Inder Singh, B/c Rajput, Aged About 30 Years, 255, Bhopamangari, Hiranmagari, Sector No. 03, Udaipur. (At Present Lodged In Central Jail, Udaipur).

                                                                        ----Petitioner
                                     Versus
State, Through Pp
                                                                    ----Respondent


For Petitioner(s)          :     Mr. Ram Singh Rawal
For Respondent(s)          :     Mr. Arun Kumar, PP



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

15/12/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.304/2018 of

Police Station Hiranmagri District Udaipur for the offences

punishable under Sections 307, 384, 323, 120-B IPC. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

petitioner has falsely been implicated in this case. Learned counsel

while inviting my attention towards the statements of (PW-1)

Purnashankar, (PW-2) Chaganlal, (PW-3) Ramlal and (PW-11) Lalu

has submitted that four persons sitting in the shop, who are the

eye witnesses, have not named or identified the petitioner as the

person, who fired the gunshot. It is also submitted that all the

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above four witnesses had identified one Subham Bhatnagar as the

person, who fired the gunshot with intention to kill the injured. It

is further submitted that the petitioner is in custody since long,

therefore, he is entitled to be enlarged on bail.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after going through the material available on

record, 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 Bheem Singh @

Bheema S/o Inder Singh shall be released on bail in connection

with FIR No.304/2018 of Police Station Hiranmagri District Udaipur

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

Surabhii/6-

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