Jignesh vs State
2021 Latest Caselaw 3123 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1687/2021

Jignesh S/o Shri Laxman, Aged About 21 Years, Bedao, Police Station Anandpuri, District Banswara, Rajasthan. (At Present Lodged In Dist. Jail Banswara).

----Petitioner Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr. B.S. Rathore For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

04/02/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.51/2020 of Police Station Kudi Anandpuri, District

Banswara for the offence(s) punishable under Section(s)

498-A, 302, 201/34 IPC. He/she/they has/have preferred

this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted

that though in the complaint, it is alleged that the

petitioner along with other co-accused persons has

seriously assaulted the deceased and on account of that,

she died, however the post-mortem report suggests that

the deceased could have died on account of asphyxia

which may be the result of strangulation by the co-

accused persons. It is submitted that the petitioner is the

(2 of 2) [CRLMB-1687/2021]

brother-in-law of the deceased and he had no intention to

kill the deceased and the evidence collected by the police

during the course of investigation is insufficient to come

to the conclusion that the petitioner has committed the

crime. It is submitted that charge-sheet has been filed

and trial of the case is likely to take time.

Learned Public Prosecutor has opposed the bail

application(s).

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 petitioner(s) under Section

439 Cr.P.C.

Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that

petitioner(s) - Jignesh S/o Shri Laxman shall be released

on bail in connection with FIR No.51/2020 of Police

Station Kudi Anandpuri, District Banswara 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

88-msrathore/-

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