Gepar Ram vs State Of Rajasthan
2021 Latest Caselaw 15620 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10591/2021

Gepar Ram S/o Shankar Ji, Aged About 60 Years, B/c Kumawat, R/o Balunda, Tehsil Jaitaran, Dist. Pali. (At Present Confined In Sub Jail, Jaitaran).

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


For Petitioner(s)           :     Ms. Yogita Mohnani
For Respondent(s)           :     Mr. AR Choudhary, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                            Judgment / Order

06/10/2021

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.106/2020 of

Police Station Anandpur Kalu (Jaitaran) District Pali for the

offences punishable under Sections 447, 323, 326, 307 IPC. He

has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that first

bail application of the petitioner was dismissed as not pressed

while granting liberty to file fresh bail application before the trial

court after recording the statements of prosecution witnesses

namely Kamla Devi and Hanuman Ram. It is further submitted

that now the statements of prosecution witnesses Kamla Devi

(PW-1) and Hanuman Ram (PW-2) have been recorded before the

(2 of 2) [CRLMB-10591/2021]

trial court wherein, they have not supported prosecution story and

turned hostile. It is submitted that in view of the fact that

important prosecution witnesses have not supported prosecution

story and turned hostile, it would be very difficult for the

prosecution 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 Gepar Ram S/o

Shankar Ji shall be released on bail in connection with FIR

No.106/2020 of Police Station Anandpur Kalu (Jaitaran) 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

Surabhii/191-

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