Galaram vs State
2021 Latest Caselaw 8527 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3724/2021

Galaram S/o Badaram, Aged About 48 Years, B/c Garasiya, R/o Suraj Kund, Majawada, Police Station Sayra District Udaipur, Rajasthan.

(At Present Lodged At Sub Jail Bali, District Pali).

                                                                   ----Petitioner
                                    Versus
State of Rajasthan
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Pritam Joshi
For Respondent(s)         :     Mr. Shrawan Bishnoi, P.P.



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

26/03/2021

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.109/2018 of

Police Station Bali, District Pali for the offences punishable under

Sections 302, 341 and 352 IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of committing murder of deceased

Kikaram is absolutely false. It is submitted that out of two eye

witnesses viz. PW-1 Thawra Ram and PW-5 Pancha Ram, PW-5

Pancha Ram has not supported the prosecution story and turned

hostile. It is further submitted that though PW-1 Thawra Ram, in

his court statement, has alleged that the petitioner assaulted

(2 of 2) [CRLMB-3724/2021]

deceased Kikaram with axe but when he and PW-5 Pacha Ram

intervened, the petitioner also threatened them and run away

from there. It is further submitted that thereafter PW-1 Tharwar

Ram informed about the alleged incident to PW-2 Ranchha Ram,

however, PW-2 Ranchha Ram denied that he was informed about

the alleged incident by PW-1 Thawra Ram. It is also submitted

that most of the witnesses have not supported the prosecution

story and turned hostile. It is submitted that the petitioner is in

custody since long, therefore, he may be entitled to be enlarged

on bail.

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 - Galaram S/o

Badaram shall be released on bail in connection with FIR

No.109/2018 of Police Station Bali, District Pali 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

Abhishek Kumar S.No.35

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