Citation : 2021 Latest Caselaw 5654 Raj
Judgement Date : 25 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous IV Bail Application No. 2798/2021
Rajuram S/o Manglaram Ji, Aged About 23 Years, By Caste Jat,
R/o Hardhani, Police Thana Kherapa, District Jodhpur. (At
Present Lodged In Central Jail Jodhpur).
----Petitioner Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. M.L. Bishnoi
For Respondent(s) : Mr. Sumer Singh Rajpurohit, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
25/02/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.110/2019 of Police Station Kherapa, District Jodhpur
for the offence(s) punishable under Section(s) 341, 323,
325, 307/34 IPC. He/she/they has/have preferred
this/these fourth bail application(s) under Section 439
Cr.P.C.
(2 of 3) [CRLMB-2798/2021]
Learned counsel for the petitioner has submitted that
allegation against the petitioner to the effect that he
attempted to kill the injured by dashing his Bolero jeep is
false. It is argued that the injured had received injury on
account of a road accident. It is further submitted that
after rejection of earlier bail application of the petitioner,
statements of one of the eye witness namely Rajaram
(PW-4) have been recorded before the trial court,
wherein, he has stated that Camper vehicle has dashed
with the injured, on account of which he fell down,
however, in the cross-examination, he has admitted that
he is the relative of complainant, who happened to be the
brother of injured and another alleged eye witness Madan
Ram is also a relative of the injured-complainant. It is submitted that presence of the so called eye witnesses
Rajaram and Madan Ram is doubtful. It is submitted that
petitioner is in custody since long 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 fourth bail application(s) filed
under Section 439 Cr.P.C. is/are allowed and it is directed
that petitioner(s) - Rajuram S/o Manglaram Ji shall be
released on bail in connection with FIR No.110/2019 of
(3 of 3) [CRLMB-2798/2021]
Police Station Kherapa, District Jodhpur 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
43-msrathore/-
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