Vikki vs State Of Rajasthan
2022 Latest Caselaw 4738 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous 3rd Bail Application No. 14363/2021

Vikki S/o Kamlesh Sharma, Aged About 22 Years, R/o Bahetiyo

Ki Gali, Paota Chowk, Police Station Kotwali, District Chittorgarh

(Lodged In District Jail, Chittorgarh)

----Petitioner Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Rajesh Kumar

For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

29/03/2022

Heard learned counsel for the parties and perused

the material available on record.

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

No.129/2019 of Police Station Sadar, Chittorgarh for the

offence(s) punishable under Section(s) 302, 201 and

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

third bail application(s) under Section 439 Cr.P.C.

(2 of 3) [CRLMB-14363/2021]

Learned counsel for the petitioner has submitted that

the petitioner has falsely been implicated in this case. It

is argued that there is no iota of evidence on record to

connect the petitioner with the commission of crime. It is

further argued that complainant - Pankaj Kumar Sharma

(PW-3), in his court statement, has clearly stated that he

had no knowledge about the petitioner and other juvenile

co-accused persons, however, he named them as the

police had asked him to do so. Learned counsel has

further submitted that the recoveries shown in the name

of the petitioner are also doubtful. It is also submitted

that the petitioner is in custody since 2019 and trial of

the case has still not been concluded.

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 third bail application(s) filed

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

that petitioner(s) - Vikki S/o Kamlesh Sharma shall be

released on bail in connection with FIR No.129/2019 of

(3 of 3) [CRLMB-14363/2021]

Police Station Sadar, Chittorgarh 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

78-msrathore/-

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