Bhajan Lal vs State Of Rajasthan
2022 Latest Caselaw 2668 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2120/2022

Bhajan Lal S/o Shri Mangla Ram, Aged About 24 Years, R/o Bhalu Rajwa Police Station Shergarh, Dist. Jodhpur.

(Presently Lodged At Central Jail Jodhpur)

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

----Respondent

For Petitioner(s) : Mr. Dinesh Kumar Bishnoi. For Respondent(s) : Mr. Anees Bhurat, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

15/02/2022

This is the third bail application under Section 439 Cr.P.C.

The petitioner was arrested in connection with F.I.R. No.123/2020,

Police Station Shergarh, District Jodhpur, for the offences

punishable under Sections 341, 323, 147, 148, 149, 307, 332,

353, 427, 324, 120-B of I.P.C. and Section 4/25 of the Arms Act.

The first bail application of the petitioner was dismissed vide

order dated 12.07.2021 and second bail application of the

petitioner was dismissed as not pressed at that stage vide order

dated 29.11.2021.

Learned counsel for the petitioner submits that now two

prosecution witnesses were examined before the learned trial

court and the eye witness Kailash Giri-P.W.1 has turned hostile.

Counsel further states that a specific allegation has been levelled

against the petitioner for inflicting injury to Rameshwar but

according to the injury report and X-ray report, all the injuries are

(2 of 2) [CRLMB-2120/2022]

found to be simple in nature. Challan of the case has already been

presented and now no investigation is pending. The petitioner is in

judicial custody and the trial of the case will take sufficient long

time to be concluded. Therefore, the benefit of bail should be

granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case so also the fact that the injuries are found to be simple

in nature and two prosecution witnesses were examined before

the trial court and the eye witness Kailash Giri-P.W.1 has turned

hostile, 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, the third bail application filed under Sec.439

Cr.P.C. is allowed and it is directed that petitioner Bhajan Lal S/o

Shri Mangla Ram, shall be released on bail in connection with

F.I.R. No.123/2020, Police Station Shergarh, District Jodhpur

provided he executes a personal bond in a sum of Rs.1,00,000/-

with two sound and solvent sureties of Rs.50,000/- 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.

(MANOJ KUMAR GARG),J 136-prashant/-

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