Citation : 2022 Latest Caselaw 6584 Raj
Judgement Date : 6 May, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4658/2022
Mukesh S/o Hanumanmal, Aged About 49 Years, R/o Rajaldesar Tehsil Ratangarh Distt. Churu (Presently Lodged At Dist. Jail Churu)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pankaj Gupta For Respondent(s) : Mr. A. R. Choudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
06/05/2022
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in judicial custody in
connection with F.I.R. No.77/2020, Police Station Rajaldesar,
District Churu, registered for the offence under Section 302 of
IPC.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Considering the submissions of learned counsel for the
petitioner that the star eye-witness PW 2-Hanumanmal who
happens to be husband of the deceased and was present at the
crime scene is not supporting the case of the prosecution and has
turned hostile and further investigation and trial will take
sufficiently long time, therefore, benefit of bail may be granted to
the accused petitioner.
(2 of 2) [CRLMB-4658/2022]
On the contrary, learned Public Prosecutor opposed the bail
application of the accused-petitioner.
Having regard to the facts and circumstances of the case,
particularly to the fact that the star eye witness has turned hostile
and trial will take sufficiently long time, therefore, without
expressing any opinion on the merits/demerits of the case, this
Court is of the opinion that the bail application filed by the
petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner-Mukesh S/o Hanumanmal, arrested in
connection with F.I.R. No.77/2020, Police Station Rajaldesar,
District Churu, shall be released on bail, provided he furnishes a
personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two
sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to
the satisfaction of the 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.
(FARJAND ALI),J 67-nidhi/-
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