Madan Bharti vs State Of Rajasthan
2021 Latest Caselaw 9360 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6016/2021

Madan Bharti S/o Prakash Bharti, Aged About 24 Years, R/o Village Kilchu, P.s. Napasar, At Present R/o Road No. 8, Near Pappu Ji Shop, Gangashahar, Bikaner (Raj.). (At Present Lodged In Central Jail, Bikaner).

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

----Respondent

For Petitioner(s) : Mr. D.S. Gharsana (through VC) For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

06/05/2021 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.246/2019 of

Police Station Ganga Shahar, District Bikaner for the offences

punishable under Sections 302, 307, 323, 341, 327, 427, 504,

506, 147, 148 and 149 of IPC. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of the first bail of application of the petitioner,

statements of the eye witness Deepak (PW-5) complainant have

been recorded before the trial court, wherein he has not supported

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

such circumstances, when the complainant - eye witness has not

(2 of 2) [CRLMB-6016/2021]

supported the prosecution story and turned hostile, it would be

very difficult 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 Madan Bharti

S/o Prakash Bharti shall be released on bail in connection with FIR

No.246/2019 of Police Station Ganga Shahar, District Bikaner

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

35-Arun/-

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