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Babu Lal vs State Of Rajasthan
2022 Latest Caselaw 12675 Raj

Citation : 2022 Latest Caselaw 12675 Raj
Judgement Date : 21 October, 2022

Rajasthan High Court - Jodhpur
Babu Lal vs State Of Rajasthan on 21 October, 2022
Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7997/2022

Babu Lal S/o Megha Meena, Aged About 27 Years, R/o Kot Phala Lasadiya Thana Lasadiya Udaipur (At Present Lodged In Central Jail Udaipur)

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

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

21/10/2022

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.35/2020 of Police

Station Lasadiya District Udaipur for the offences punishable under

Sections 341, 34, 302 IPC. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of first bail application of the petitioner, statements of

complainant as well as eye witnesses have been recorded before

the trial court. It is submitted that the eye witnesses have not

supported the prosecution story and turned hostile, however,

other witnesses mainly wife, mother and father of the deceased

have admitted in their cross examination that they reached at the

(2 of 2) [CRLMB-7997/2022]

place of incident after the same took place. It is also submitted

that on the basis of said evidence, it cannot be said that the

petitioner is guilty of commission of offence.

Learned Public Prosecutor has opposed the bail application.

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 Babu Lal S/o

Megha Meena shall be released on bail in connection with FIR

No.35/2020 of Police Station Lasadiya District Udaipur 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/67-

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