Omprakash @ Prakash Beniwal vs State
2021 Latest Caselaw 249 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5837/2020

Omprakash @ Prakash Beniwal S/o Shri Bagaram, Aged About 26 Years, By Caste Jat, Resident Of Utari Der, Redana, Police Station Girab, District Barmer. (At Present Lodged In District Jail, Barmer).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. KL Thakur (through VC) For Respondent(s) : Mr. Laxman Solanki, PP For Complainant(s) : Mr. Pradeep Choudhary (through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

07/01/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.214/2018 of

Police Station Dhorimanna District Barmer for the offences

punishable under Sections 147, 323, 341, 302, 120-B IPC. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of the first bail application of the petitioner, charges have

been framed. It is submitted that three prosecution witnesses

have been examined and they have not supported the prosecution

story and turned hostile. It is also submitted that allegation of

firing gun shot is against co-accused Swaroop Ram and no specific

(2 of 2) [CRLMB-5837/2020]

role has been assigned to the petitioner. It is also submitted that

as per the post-mortem report as well as the injury report of the

deceased, only gun shot injury was found on his body and no

other injury was found. It is further submitted that the petitioner

is in judicial custody since long and trial of the case will take time.

It is further submitted that the case of the petitioner is

distinguishable from the case of principal accused Swaroop Ram.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently 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 bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Omprakash @

Prakash Beniwal S/o Shri Bagaram shall be released on bail in

connection with FIR No.214/2018 of Police Station Dhorimanna

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

Surabhii/45-

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