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