Jai [email protected] S/O Heera Lal vs State Of Rajasthan
2021 Latest Caselaw 1827 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                1214/2021

Jai [email protected] S/o Heera Lal, R/o Regar Mohalla Kotadi Police
Thana Gumapura Kota (Presently Confined At Central Jail Kota)
                                                                        ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent

For Petitioner(s)         :     Mr. Pallav Sharm
For Complainant(s)        :     Mr. N. S. Dhakad
For State                 :     Mr. Riyasat Ali, PP



             HON'BLE MR. JUSTICE PANKAJ BHANDARI

                          Judgment / Order

18/02/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.686/2019 was registered at Police Station

Gumanpura, District Kota Rajasthan for offence under Section

365 I.P.C.

3. It is contended by counsel for the petitioner that the

deceased died due to stab injuries. It is also contended that there

is no allegation against the petitioner of causing any injury to the

deceased. The only evidence which is against the petitioner is

recovery of mobile of the deceased at the instance of the

petitioner. It is also contended that co-accused has been enlarged

on bail.

4. Learned Public Prosecutor and counsel for the complainant

(2 of 2) [CRLMB-1214/2021]

have opposed the bail application. It is contended that on the

basis of information given by the petitioner under Section 27 of

Indian Evidence Act, mobile of deceased was recovered. He was

present at the place of occurrence and his involvement in the

offence is made out.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the bail application.

7. This bail application is, accordingly, allowed and it is directed

that accused-petitioner shall be released on bail provided he

furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial Court with the stipulation that he shall appear before

that Court and any Court to which the matter be transferred, on

all subsequent dates of hearing and as and when called upon to do

so.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /32

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