Om Prakash Saini @ Bobi S/O Sohan ... vs State Of Rajasthan
2021 Latest Caselaw 864 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                6389/2020

Om Prakash @ Bobi S/o Sohan Lal, R/o Tanwar Ji Ki Kothi, Ward
No. 11 Udaipurwati, Distt. Jhunjhunu, Raj. At Present Accused
Petitioner Confined In Distt. Jail, Jhunjhunu
                                                                        ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent

For Petitioner(s) : Mr. Arun Singh Shekhawat present in the Court For Respondent(s) : Mr. Deshraj Gosingha, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

28/01/2021

1. Petitioner has filed this second bail application under Section

439 Cr.P.C.

2. F.I.R. No.308/2019 was registered at Police Station

Udaipurwati District Jhunjhunu for offence under Sections 341,

323 & 302 I.P.C.

3. It is contended by counsel for the petitioner that the

prosecution case is that the deceased and petitioner consumed

liquor together on the fateful day. However, as per the

Postmortem Report, liquor was not found in the body of the

deceased. It is also contended that the other piece of evidence

against the petitioner is of recovery of blood stained clothes. It is

argued that the FSL Report is inconclusive with regard to the blood

(2 of 2) [CRLMB-6389/2020]

stain. It is also contended that petitioner has remained in custody

for a period of one and a half year. Conclusion of trial will take

time.

4. Learned Public Prosecutor has opposed the second bail

application.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the second bail application.

7. This second bail application is, accordingly, allowed and it is

directed that accused-petitioner shall be released on bail provided

he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial Court with the stipulation that he shall appear before

that Court and any Court to which the matter be transferred, on

all subsequent dates of hearing and as and when called upon to do

so.

(PANKAJ BHANDARI),J

ARTI SHARMA /4

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