Jagdish vs State Of Rajasthan
2021 Latest Caselaw 4947 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Second Bail Application No. 1972/2021

Jagdish S/o Onkar Lal, Aged About 30 Years, R/o Village Kharsan, Police Station Kheroda, District Udaipur. (At Present Lodged In Central Jail Udaipur).

----Petitioner Versus The State Of Rajasthan through the Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Mridul Jain For Respondent(s) : Mr. Mukesh Trivedi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

22/02/2021

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.96/2018 of Police

Station Kheroda, District Udaipur for the offences punishable

under Sections 447 and 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 by this Court,

statements of Kalu Lal, Nirmala and Bheru Lal and have been

recorded before the trial court as PW-1, PW-4 and PW-5

respectively. It is argued that from the evidence of PW-1 Kalu Lal

and PW-4 Nirmala, it is clear that the allegation of inflicting fatal

injuries is against Onkarlal and Jaswant, whereas the allegation

(2 of 2) [CRLMB-1972/2021]

against the petitioner is to the effect that he was assaulting with

kicks and fists.

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 - Jagdish

S/o Onkar Lal shall be released on bail in connection with FIR

No.96/2018 of Police Station Kheroda, District Udaipur 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.28

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