Laluram @ Lala vs State
2021 Latest Caselaw 11233 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 5397/2021

Laluram @ Lala S/o Gautam, Aged About 27 Years, B/c Meena, R/o Juni Fatehgarh, Police Station Arnod District Pratapgarh. (At Present Lodged At Chittorgarh Jail).

                                                                    ----Petitioner
                                     Versus
State, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Anil Gupta
For Respondent(s)          :     Mr. S.S. Rajpurohit, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

20/07/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.98/2019 of Police Station Kotwali Nimbahera, District

Chittorgarh for the offence(s) punishable under

Section(s) 302, 201 IPC, Section 5/6 of the POCSO in

alternate Section 376(2)(n) of the IPC. He/she/they

has/have preferred this/these second bail application(s)

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

the petitioner has falsely been implicated in this case. It

is argued that the police have failed to collect any definite

evidence to the effect that the petitioner has committed

murder of the prosecutrix. It is also submitted that there

is no eye witness or even last seen witness, which

(2 of 2) [CRLMB-5397/2021]

suggests that the petitioner was with the deceased soon

before her murder. It is further submitted that the real

brother of the deceased PW-4, in his court statements,

has specifically stated that he has named the petitioner

as per the instructions of the police. It is submitted that

trial of the case is likely to take time.

Learned Public Prosecutor has opposed the bail

application(s).

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 petitioner(s) under Section

439 Cr.P.C.

Accordingly, this/these second bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is

directed that petitioner(s) - Laluram @ Lala S/o Gautam

shall be released on bail in connection with FIR

No.98/2019 of Police Station Kotwali Nimbahera, District

Chittorgarh provided he/she/they execute(s) a personal

bond in the 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/her/their 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

88-msrathore/-

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