Prabhu Lal vs State
2022 Latest Caselaw 14395 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9240/2022

Shyam Lal S/o Khema, Aged About 22 Years, Khajuri Fala, Homa, P.s. Goverdhanvilas, Dist. Udaipur. (At Present Lodged In Central Jail, Udaipur).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

Connected With

S.B. Criminal Miscellaneous Bail Application No. 7353/2022

Prabhu Lal S/o Vaga, Aged About 37 Years, R/o Khajuri Fala Homa Ps Govardhan Vilas Dist. Udaipur Raj. (Presently Lodged In Central Jail Udaipur)

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s) : Mr. Naresh Khatri Mr. Mohd. Rasheed Mr. Rajendra Singh Rathore For Respondent(s) : Mr. Vikram Sharma, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

07/12/2022

Heard learned counsel for the petitioners as well as learned Public

Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.98/2020 of Police

Station Goverdhanvilas, District Udaipur for the offences punishable

under Sections 147, 302/149, 201/149 IPC. They have preferred these

bail applications under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that after

rejection of earlier bail application of the petitioners, statements of

prosecution witnesses have been recorded before the trial court. It is

argued that complainant Nanji (PW-1) and so called eye witnesses

Laxman (PW-2), Rusha (PW-3), Narayanlal (PW-4) and Heeralal (PW-5)

have not supported the prosecution story and turned hostile. It is also

submitted that on the basis of statements of the aforesaid witnesses

recorded during the course of police investigation, the police have filed

charge-sheet against the petitioners but now as the said witnesses have

not supported the prosecution story and turned hostile, it would be very

difficult for the prosecution to prove the guilt of the petitioners.

Learned Public Prosecutor has opposed these bail applications.

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 petitioners under Section

439 Cr.P.C.

Accordingly, these bail applications filed under Section 439 Cr.P.C.

are allowed and it is directed that petitioners Shyam Lal S/o Khema and

Prabhu Lal S/o Vaga shall be released on bail in connection with FIR

No.98/2020 of Police Station Goverdhanvilas, District Udaipur provided

each of them 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/190-191-

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