Vinod Kumar vs State Of Rajasthan
2021 Latest Caselaw 9697 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4347/2021

Vinod Kumar S/o Sh. Aatma Ram, Aged About 34 Years, R/o 26 RWD, P.S. Rawatsar, Dist. Hanumangarh. (Lodged In Sub Jail, Nohar, Dist. Hanumangarh).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Manoj Kumar Pareek (through VC) For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI (VACATION JUDGE)

Judgment / Order

03/06/2021 Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.146/2019 of

Police Station Rawatsar, District Hanumangarh for the offences

punishable under Sections 458, 307, 195-A, 336, 148, 504, 120-B

of IPC and Section 27 of the Arms Act. 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 of application of the petitioner,

statements of the complainants Jagdish (PW-1) his son Sunil (PW-

2) have been recorded before the trial court. It is also submitted

that the complainant (PW-1) in his cross examination has

specifically stated that he has already knew the petitioner and on

the day of incident, he was not present at his house. It is further

(2 of 2) [CRLMB-4347/2021]

submitted that Sunil (PW-2) has not supported the prosecution

story and turned hostile.

Learned counsel for the petitioner has submitted that the

complainant himself has stated that the petitioner was not

involved in the incident and he does not know as to who were

present at the time of incident. It is also submitted that when the

complainant himself did not support the prosecution story and

turned hostile, it would be very difficult to prove the guilt of the

petitioner.

Learned Public Prosecutor has 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 Vinod Kumar S/o

Sh. Aatma Ram shall be released on bail in connection with FIR

No.146/2019 of Police Station Rawatsar, District Hanumangarh

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), VJ

3-Arun/-

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