Pradeep @ Poona Ram vs State Of Rajasthan
2022 Latest Caselaw 9393 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous II Bail Application No. 1570/2022

Pradeep @ Poona Ram S/o Sona Ram, Aged About 35 Years, R/o Saran Nagar, Village Samrau, Lohawat Police Station, District Jodhpur. (Confined In Central Jail, Jodhpur)

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

----Respondent

For Petitioner(s) : Mr. Aziz Khan For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

19/07/2022

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.65/2020 of Police Station Lohawat, District Jodhpur

for the offence(s) punishable under Section(s) 341, 302

and 120-B IPC. He/she/they has/have preferred

this/these second bail application(s) under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that

as per the prosecution story, the petitioner had assaulted

deceased - Ramesh @ Durjan Singh and on account of

(2 of 3) [CRLMB-1570/2022]

that, he died. It is argued that during the course of police

statement, brother and mother of the deceased namely

Digvijay Singh and Meema Devi respectively have stated

that they reached at the scene of crime and found that

deceased Ramesh @ Durjan Singh is lying injured and he

told that the petitioner had assaulted him. Learned

counsel has submitted that now statement of Digvijay

Singh and Meema Devi has been recorded as PW-1 and

PW-2 respectively and in their court statement, they have

not supported the prosecution story and turned hostile. It

is further submitted that when the above-named

witnesses have not supported the prosecution story and

turned hostile, it would be very difficult for the

prosecution to prove the guilt of the petitoner.

Learned Public Prosecutor has opposed the bail

application(s).

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 petitioner(s) under Section

439 Cr.P.C.

Accordingly, this/these second bail application(s)

filed under Section 439 Cr.P.C. is/are allowed and it is

directed that petitioner(s) - Pradeep @ Poona Ram S/o

(3 of 3) [CRLMB-1570/2022]

Sona Ram shall be released on bail in connection with FIR

No.65/2020 of Police Station Lohawat, District Jodhpur

provided he/she/they execute(s) a personal bond in the

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/her/their 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

206-msrathore/-

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