Anil vs State Of Rajasthan
2021 Latest Caselaw 7268 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2200/2021

Anil S/o Rakesh Ahari, Aged About 24 Years, R/o Parda Chaubisa Police Station Dovda, Dungarpur. (At Present Lodged In District Jail Dungarpur).

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

----Respondent

For Petitioner(s) : Mr. Abhishek Mehta For Respondent(s) : Mr. AR Choudhary, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

15/03/2021

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.268/2019 of

Police Station Dovada District Dungarpur for the offences

punishable under Sections 302, 201/34 IPC. He has preferred this

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that a Co-

ordinate Bench of this Court has released co-accused Vishal on

bail while taking into consideration the fact that the last seen

witnesses PW-3 Dinesh and PW-5 Devi Lal have not supported the

prosecution story and turned hostile. It is also submitted that case

of the petitioner is not distinguishable from that of co-accused

Vishal.

(2 of 2) [CRLMB-2200/2021]

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 Anil S/o Rakesh

Ahari shall be released on bail in connection with FIR No.268/2019

of Police Station Dovada District Dungarpur 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/13-

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