Bhura Lal @ Bhura @ Vikram @ Bhuriya vs State
2021 Latest Caselaw 2696 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2771/2020

Bhura Lal @ Bhura @ Vikram @ Bhuriya S/o Sh. Moti Lal Baori, Aged About 32 Years, R/o Kesunda, Police Station Chhoti Sadari, Dist. Pratapgarh. (At Present Lodged In Dist. Jail, Chittorgarh).

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


For Petitioner(s)        :     Mr. RK Charan
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

01/02/2021

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.165/2007 of

Police Station Shambhupura District Chittorgarh for the offences

punishable under Sections 302/34, 120-B, 450 IPC. He has

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

Learned counsel for the petitioner has submitted that after

arrest of the petitioner, many prosecution witnesses have been

examined, however, from the statements of those prosecution

witnesses, it cannot be said that the petitioner was connected with

the commission of crime in any manner except his confessional

statements, which were recorded by the police while he was in

custody. It is submitted that though some of the co-accused

(2 of 2) [CRLMB-2771/2020]

persons have been tried and convicted by the trial court, but later

on, their sentences have also been suspended. It is further

submitted that all those co-accused persons were on bail during

trial. The petitioner is in custody since long and trial of the case

will take time.

Learned Public Prosecutor has 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 Bhura Lal @

Bhura @ Vikram @ Bhuriya S/o Sh. Moti Lal Baori shall be

released on bail in connection with FIR No.165/2007 of Police

Station Shambhupura District Chittorgarh 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/9-

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