Ramesh vs State Of Rajasthan
2021 Latest Caselaw 6565 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2638/2021

Ramesh S/o Kawji, Aged About 35 Years, Charana Bhudwai, Police Thana Khamara, Dist. Banswara. (Accused Lodge At Dist. Jail Banswara).

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

----Respondent

For Petitioner(s) : Mr. Parikshit Nayak For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

04/03/2021

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.98/2020 of Police

Station Khamara District Banswara for the offences punishable

under Sections 302 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

two witnesses namely Ramesh S/o Devilal and Shanta W/o

Ramesh have been recorded before the trial court wherein, they

have not supported prosecution story and turned hostile. It is also

submitted that other witnesses including relatives of the deceased

have not supported the prosecution story and turned hostile. It is

(2 of 2) [CRLMB-2638/2021]

further submitted that since the most of the witnesses have not

supported 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 Ramesh S/o

Kawji shall be released on bail in connection with FIR No.98/2020

of Police Station Khamara 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),J

Surabhii/31-

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