Suresh Kumar vs State
2021 Latest Caselaw 10370 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8270/2021

Suresh Kumar S/o Sh. Palaram, Aged About 24 Years, R/o Village- Eta, Tehsil-Suratgarh, District-Shri Ganganagar. (Presently Lodged At Sub Jail, Suratgarh, District Shri Ganganagar).

----Petitioner Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr Ashok Upadhyaya For Respondent(s) : Mr Mukhtiyar Khan, Public Prosecutor

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

08/07/2021

This bail application has been filed under Section 439 Cr.P.C.

in connection with FIR No.148/2020 registered at Police Station,

Rajiyasar, District Sri Ganganagar for offence under Section

302/34 IPC.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the entire material available on

record.

The learned counsel for the petitioner submits that the

petitioner Suresh Kumar was not present at the place of incident

and was later on called and from the charge-sheet itself it is

apparent that the main accused in the case is basically Naresh

Kumar. In his statement the eye witness PW3 Sandeep Kumar has

also denied presence of the petitioner at the time of the incident.

The trial of the case is likely to take time.

(2 of 2) [CRLMB-8270/2021]

Learned Public Prosecutor has opposed the bail application.

Having considered the submissions, without commenting on

merits of the case further as it may affect the trial but taking into

consideration the contentions raised and the statements recorded

in the charge-sheet as well as the conclusion of the Police after

the investigation, I am inclined to release the petitioner on bail.

Accordingly, this bail application is allowed and it is ordered

that the accused petitioner - Suresh Kumar s/o Pala Ram be

released on bail under Section 439 Cr.P.C. in connection with

aforesaid FIR No.148/2020 registered at Police Station, Rajiyasar,

District Sri Ganganagar provided the petitioner furnishes a

personal bond of Rs.50,000/- with one surety in the like amount,

to the satisfaction of the concerned Magistrate with the stipulation

that he shall comply with all the conditions laid down under

Section 437 (3) CrPC.

(SANJEEV PRAKASH SHARMA),J

45-MMA/-

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