Manoj Kumar @ Moda Ram @ Modiya vs State Of Rajasthan
2022 Latest Caselaw 602 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6788/2021

Manoj Kumar @ Modaram @ Modiya S/o Kaluram, Aged About 25 Years, Madiya Road Pali, P.s. Pali And Dist. Pali. (Presently Lodged At Dist. Jail Sirohi).

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. Umesh Kant Vyas (through VC) For Respondent(s) : Mr. Mukhtyar Khan, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

11/01/2022

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.201/2018 of

Police Station Shivganj District Sirohi for the offences punishable

under Sections 147, 148, 364, 302/149 IPC. He has preferred this

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of earlier bail application of the petitioner, statements of

PW-7 Tanu who is wife of deceased have been recorded before the

trial court. It is argued that PW-7 in her examination in chief

recorded on 11.12.2020, has named four persons i.e. Sunil

Harijan, Jitu Khatik, Ravindra and Pravesh, however, not named

the petitioner but in further examination in chief recorded on

(2 of 2) [CRLMB-6788/2021]

15.01.2021, she has named the petitioner. It is also submitted

that PW-7 in her cross examination, has admitted that she knows

Sunil Harijan, Jitu Khatik, Ravindra and Pravesh but she does not

name other persons. It is further submitted that while taking into

consideration the above facts and circumstances of the case, a Co-

ordinate Bench of this Court has released the co-accused Rohit

Kumar on bail. It is submitted that the case of the petitioner is

standing on the same footing as of co-accused Rohit Kumar.

Learned Public Prosecutor has opposed the bail application

and he is not in position to dispute the fact that case of the

petitioner is similar to co-accused Rohit Kumar.

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 Manoj Kumar @

Modaram @ Modiya S/o Kaluram shall be released on bail in

connection with FIR No.201/2018 of Police Station Shivganj

District Sirohi 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/102-

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