Shanti Lal vs State Of Rajasthan
2021 Latest Caselaw 9710 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6024/2021

Shanti Lal S/o Mani Lal, Aged About 19 Years, Gariya, Thana Sadar Banswara Dist. Banswara. (At Present Lodged In Dist. Jail, Banswara).

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

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha (through VC) For Respondent(s) : Mr. SS Rajpurohit, 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.338/2020 of

Police Station Sadar District Banswara for the offences punishable

under Sections 395, 342 IPC. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of first bail application of the petitioner, statements of

complainant Khumaram S/o Licharam (PW-2) have been recorded

before the trial court wherein, he has not supported prosecution

story and turned hostile. It is submitted that the other witnesses

Vishnaram (PW-3) and Sukharam (PW-4) have also not supported

prosecution story and turned hostile. In view of the above fact,

(2 of 2) [CRLMB-6024/2021]

the principal witnesses have not supported the prosecution story

and turned hostile, it would be very difficult for the prosecution 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 Shanti Lal S/o

Mani Lal shall be released on bail in connection with FIR

No.338/2020 of Police Station Sadar District Banswara 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

Surabhii/14-

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