Manohar vs State
2021 Latest Caselaw 7062 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2967/2021

Manohar S/o Sh. Tol Singh, Aged About 20 Years, R/o Hindoliya, P.s. Kushalgarh, Dist. Banswara (Raj.). (Presently Lodged In District Jail, Banswara).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

10/03/2021

Heard learned counsel for the parties and perused

the material available on record.

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

No.18/2020 of Police Station Kushalgarh for the

offence(s) punishable under Section(s) 498-A and 304-B

IPC. He/she/they has/have preferred this/these bail

application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

the complainant and other near relatives of the deceased

have not supported the prosecution story and turned

hostile. It is submitted that when the important

prosecution 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.

(2 of 2) [CRLMB-2967/2021]

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 bail application(s) filed under

Section 439 Cr.P.C. is/are allowed and it is directed that

petitioner(s) - Manohar S/o Sh. Tol Singh shall be

released on bail in connection with FIR No.18/2020 of

Police Station Kushalgarh 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

30-msrathore/-

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