Raju @ Rajendra vs State
2021 Latest Caselaw 11426 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9460/2021

Raju @ Rajendra S/o Arjun Ram, Aged About 37 Years, R/o Surawali, At Present Chak 3, Ml Panchayat 4 ML, P.S. Anopgarh, Dist. Sri Ganganagar.

(At Present Lodged In District Jail, Hanumangarh).

----Petitioner Versus State of Raj., Through PP

----Respondent

For Petitioner(s) : Mr. Jeetender Singh Khichi For Respondent(s) : Mr. Sudhir Tak, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

23/07/2021

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

in connection with FIR No.28/2021 registered at Police Station

Goluwala, Distt. Hanumangarh, for offence under Section(s) 302,

449, 364, 147, 148, 149 of IPC.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the entire material available on

record.

Learned counsel for the petitioner submits that the

complainant Bhagirath being an eye witness has not mentioned

the name of the petitioner and his name has been later on

mentioned by other witness who has not seen the incident. In the

FIR, there is no specific overt act of the petitioner and his name

has been added on the basis of the statement recorded after six

days. He submits that charge-sheet has already been filed.

(2 of 2) [CRLMB-9460/2021]

Learned Public Prosecutor has opposed the bail application.

Taking into consideration the overall circumstances of the

case and the case of the petitioner cannot be said to be similar to

those whose names have been mentioned in the FIR, I am inclined

to release petitioner on bail.

Therefore, this bail application is allowed and it is ordered

that the accused petitioner Raju @ Rajendra S/o Arjun Ram, be

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

aforesaid FIR 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)

Cr.P.C.

(SANJEEV PRAKASH SHARMA),J 90-amit/-

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