Vijay vs State Of Rajasthan
2021 Latest Caselaw 1047 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 14208/2020

Vijay S/o Bansi Lal, Aged About 33 Years, R/o 62, 5th Road, Lala Lajpatray Colony, Behind Dalda Building, Jodhpur (Raj.). (At Present Lodged At Central Jail Jodhpur).

----Petitioner Versus State Of Rajasthan, Through P.P.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Gokulesh Bohra
For Respondent(s)        :     Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Judgment / Order

14/01/2021

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in judicial custody in

connection with F.I.R. No.34/2020, Police Station Rajiv Gandhi

Nagar, District Jodhpur, registered for the offence under Section

306/34 of the Indian Penal Code.

Heard and considered the arguments advanced by the

learned counsel for the petitioner and learned Public Prosecutor.

Perused the material available on record.

Learned counsel for the petitioner stated that statements of

Farhan Khan (PW-1) son; Yasmin (PW-2) wife; and Smt. Apsara

(PW-3) daughter of deceased respectively have been recorded

before the trial Court and they have not supported the story of

prosecution and turned hostile. Learned counsel for the petitioner

further stated that other material witnesses also turned hostile

and not supported the prosecution story; that the trial will take

(2 of 2) [CRLMB-14208/2020]

time. With these submissions, learned counsel for the petitioner

prayed that the benefit of bail may be granted to the accused-

petitioner.

Per contra, learned Public Prosecutor does not controvert the

arguments advanced by learned counsel for the petitioner.

Having regard to the facts and circumstances of the case,

looking to the facts that all the material witnesses have been

turned hostile and not supported the prosecution story, as

mentioned above; and that the trial will take sufficiently long time,

therefore, without expressing any opinion on the merits/demerits

of the case, this Court is of the opinion that the bail application

filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner Vijay S/o Bansi Lal, arrested in

connection with F.I.R. No.34/2020, Police Station Rajiv Gandhi

Nagar, District Jodhpur, shall be released on bail provided he

furnishes a personal bond of Rs.50,000/- and two surety bonds of

Rs.25,000/- each to the satisfaction of the learned trial Court with

the stipulation to appear before that Court on all dates of hearing

and as and when called upon to do so.

(DEVENDRA KACHHAWAHA),J

12-amit/-

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