Rajasthan High Court - Jodhpur
Abhimanyu @ Sentiya vs State on 20 December, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 17048/2021
1. Abhimanyu @ Sentiya S/o Sh. Ramgar, Aged About 21
Years, Lakhasar P.s. Sri Dungargarh, Dist. Bikaner. (At
Present Lodged In Central Jail, Bikaner).
2. Avinash Giri S/o Sh. Ganeshgar, Aged About 23 Years,
Lakhasar P.s. Sri Dungargarh, Dist. Bikaner. (At Present
Lodged In Central Jail, Bikaner).
----Petitioners
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. R.S. Choudhary
For Respondent(s) : Mr. Laxman Solanki, PP
Mr. Amardeep Lamba for complainant
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
20/12/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.227/2020 of Police Station Sri Dungargarh, District
Bikaner for the offence(s) punishable under Section(s)
342, 302, 147, 148, 149 IPC. He/she/they has/have
preferred this/these second bail application(s) under
Section 439 Cr.P.C.
(2 of 3) [CRLMB-17048/2021]
Learned counsel for the petitioners has submitted
that as per the prosecution story, co-accused Bheru has
called the deceased to his house and when he reached
there, the present petitioners, co-accused Bheru and
other persons had brutally assaulted him, which resulted
into his death. Learned counsel has submitted that the
prosecution has filed charge-sheet against the petitioners
on the basis of evidence of Mayank and Rahul (PW-1) and
(PW-2) respectively, who in their statements, have stated
that they accompanied deceased Narayan up to Sri
Dungargarh, whereafter the deceased entered the house.
Learned counsel has submitted that now prosecution
witnesses namely Mayank and Rahul (PW-1) and (PW-2)
respectively have been examined before the trial court,
wherein they have not supported the prosecution story
and turned hostile. Learned counsel has also submitted
that the parties have entered into compromise.
Learned Public Prosecutor has opposed the bail
application, however, learned counsel for the complainant
has verified the factum of compromise arrived at between
the parties.
Having regard to the totality of the facts and
circumstances of the case and keeping in view the
statements of the prosecution witnesses namely Mayank
(3 of 3) [CRLMB-17048/2021]
and Rahul (PW-1) and (PW-2) respectively, 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 second bail application(s)
filed under Section 439 Cr.P.C. is/are allowed and it is
directed that petitioner(s) - (1) Abhimanyu @ Sentiya
S/o Sh. Ramgar and (2) Avinash Giri S/o Sh. Ganeshgar
shall be released on bail in connection with FIR
No.227/2020 of Police Station Sri Dungargarh, District
Bikaner 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
493-msrathore/-
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