Citation : 2021 Latest Caselaw 6991 Raj/2
Judgement Date : 29 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 13379/2021
Kishanlal @ Krishan Kumar S/o Sahiram, Aged About 52 Years,
R/o Ward No. 17 Sardarsahar Dist. Churu Raj. (At Present In Sub
Jail Fatehpur Shekhawati Sikar )
----Petitioner
Versus
The State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr.Subhash Sharma
For Respondent(s) : Mr.Arvind Kumar, PP
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
29/11/2021
1. The present bail application has been filed under Section 439
Cr.P.C. The petitioner has been arrested in connection with FIR
No.93/2021 registered at Police Station Kotwali Fatehpur, Distt.
Sikar for the offence(s) under Sections 306 and 384 IPC.
2. Learned counsel for the petitioner submits that patently false
case has been foisted against the petitioner, he has nothing to do
with the alleged crime. He submits that ingredients essential to
constitute an offence under Sec. 306 read with Sec. 120B IPC are
conspicuously missing. Even if evidence as collected by the
Agencies during the course of investigation are taken on its face
value and in its entirety ; the same would not be sufficient enough
to bring home the guilt of the accused. The petitioner is an
innocent person, investigation has been completed and charge-
(2 of 2) [CRLMB-13379/2021]
sheet has been submitted. Learned counsel further submitted that
the petitioner is behind the bars since long and conclusion of trial
may take long time to culminate.
3. Learned Public Prosecutor has opposed the bail application.
4. Considering the contentions put-forth by the counsel for the
petitioner and taking into account the facts and circumstances of
the case and without expressing any opinion on the merits of the
case, this court deems it just and proper to enlarge the petitioner
on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that the accused-petitioner Kishanlal @
Krishan Kumar shall be enlarged on bail provided he furnishes a
personal bond in the sum of Rs.50,000/- with two sureties of
Rs.25,000/- each to the satisfaction of the learned trial Judge for
his appearance before the court concerned on all the dates of
hearing as and when called upon to do so.
(FARJAND ALI),J
SANDEEP RAWAT /23/11
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