Kailash vs State
2021 Latest Caselaw 2998 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Second Bail Application No. 2131/2020

Kailash S/o Kajod Nayak, Aged About 22 Years, By Caste Nayak, R/o Behind Hostel, Ward No.06, Badoliya, P.S. Rawat Bhata, District Chittorgarh.

(At Present Lodge In District Jail Chittorgarh).

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Prakash Chand Sharma for Mr. Kaluram Bhati For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

03/02/2021

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.247/2018 of

Police Station Rawat Bhata, District Chittorgarh for the offence

punishable under Section 302 IPC. He has preferred this second

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of first bail application of the petitioner, statements of

prosecution witnesses viz. Bhawani Shankar Meena and Pintu have

been recorded before the trial court as PW-9 and PW-10

respectively. It is submitted that none of the prosecution

witnesses has specifically stated that the petitioner had assaulted

the deceased and due to which he died. Learned counsel for

(2 of 2) [CRLMB-2131/2020]

the petitioner has further submitted that the case of the

prosecution is based on the circumstantial evidence, which does

not connect the petitioner with the commission of crime. It is also

submitted that the petitioner is in custody 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 second bail application filed under Section

439 Cr.P.C. is allowed and it is directed that petitioner - Kailash

S/o Kajod Nayak shall be released on bail in connection with FIR

No.247/2018 of Police Station Rawat Bhata, 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

Abhishek Kumar S.No.1

Powered by TCPDF (www.tcpdf.org)