Pradeep Balach vs State Of Rajasthan
2021 Latest Caselaw 2230 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Second Bail Application No. 12622/2020

Pradeep Balach S/o Prem Prakash Balach, Aged About 41 Years, By Caste Meghwal, R/o Gadraroad, Police Station, Gadra Road, Barmer.

(At Present Lodged At District Jail Barmer).

                                                                  ----Petitioner
                                   Versus
State Of Rajasthan
                                                                ----Respondent


For Petitioner(s)        :     Mr. Nishant Bora
For Respondent(s)        :     Mr. Mahipal Bishnoi, P.P.



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

27/01/2021

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/CR No.21/2015 of

Police Station Gadra Road, District Barmer for the offences

punishable under Sections 498(A), 302, 201 and 120(B) 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

doctors, who initially examined the deceased and who were the

members of Medical Board and conducted postmortem of the body

of the deceased, have been recorded. It is submitted that from the

statements of Dr. Arun Kumar Soni (PW-6), Dr. Bihari Lal Soni

(2 of 3) [CRLMB-12622/2020]

(PW-9) and Dr. Ehsan Ali (PW-10), who were the members of the

Medical Board and conducted postmortem of the body of the

deceased, it is clear that the Medical Board has not opined any

cause of death of the deceased. Learned counsel for the petitioner

has invited my attention towards the statements of Dr. Ashok

Meena (PW-7), who initially examined the deceased, and the

statements of Dr. Mahipal Choudhary (PW-8), who declared the

deceased dead.

It is argued by learned counsel for the petitioner that

as per the prosecution story, mentioned in the charge-sheet, the

petitioner had initially inflicted injuries on the head of the

deceased by a stick and granite stone and thereafter strangulated

her, however, from the statements of above referred witnesses, it

is clear that no injury either on the head or on other part of the

body of the deceased was found by the doctors, who initially

examined the deceased and who conducted postmortem of the

body of the deceased. It is further argued that only minor injuries

such as abrasion and bruises on the non-vital part of the body of

the deceased were found. Learned counsel for the petitioner has

argued that from the above piece of evidence, it is clear that the

prosecution story is false and the petitioner has falsely been

implicated in this case.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after perusing the charge-sheet as well as the

statements of above referred witnesses, 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.

(3 of 3) [CRLMB-12622/2020]

Accordingly, this second bail application filed under Section

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

Balach S/o Prem Prakash Balach shall be released on bail in

connection with FIR/CR No.21/2015 of Police Station Gadra Road,

District Barmer 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.14

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