Rakesh Choudhary vs State Of Rajasthan
2021 Latest Caselaw 17335 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8406/2021

Rakesh Choudhary S/o Sh. Madan Lal, Aged About 26 Years, Choudhary Colony, Bikaner, P.s. Gangashahar, Bikaner. (In Judicial Custody At Central Jail, Bikaner).

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

----Respondent

For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate assisted by Mr. Pradeep Choudhary For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order 20/11/2021 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.92/2019 of Police

Station Panchu, District Bikaner for the offences punishable under

Sections 302 or 302/149, 364 or 364/149, 147, 148 and 120-B

IPC. He has preferred this bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that the

first bail application of the petitioner was dismissed by this Court

while granting him liberty to file a fresh bail application before the

trial court after recording the statements of eye witnesses Het

Ram and Sita Ram. Learned counsel for the petitioner has

submitted that though the statements of Het Ram have been

recorded before the trial court as PW-1 but the statements of Sita

(2 of 2) [CRLMB-8406/2021]

Ram has not been recorded before the trial court as he did not

appear to give his evidence despite repeated summons as well as

arrest warrants. It is also submitted that the complainant (PW-1)

Het Ram has not named the petitioner in his complaint as well as

in his statements recorded before the trial court. It is also further

submitted that so far as Sita Ram is concerned, Het Ram has

specifically stated that Sita Ram came on the scene of crime at

later stage when the accused persons took his father away after

kidnapping him. It is, therefore, argued that the presence of the

petitioner at the scene to crime is doubtful.

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 Rakesh

Choudhary S/o Sh. Madan Lal shall be released on bail in

connection with FIR No.92/2019 of Police Station Panchu, 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 26-Arun/-

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