Manoj Singh @ Tinku vs State Of Rajasthan
2022 Latest Caselaw 11833 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6094/2022

Manoj Singh @ Tinku S/o Lt. Sh. Vijay Singh, Aged About 32 Years, Bheel Basti, Chandpol, P.s. Khanda Falsa, Jodhpur. (At Present Lodged In Central Jail, Jodhpur).

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


For Petitioner(s)         :    Mr. Rakesh Sharma
For Respondent(s)         :    Dr. Sachin Acharya, SPP, CBI assisted
                               by Mr. Rahul Rajpurohit



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

22/09/2022

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.212/2013 of

Police Station Ratanada District Jodhpur East for the offences

punishable under Sections 304 read with 304/34 IPC. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

statements of eleven eye witnesses have been recorded before the

trial court and all the eye witnesses have not supported the

prosecution story and turned hostile. It is also submitted that the

police have filed charge-sheet against the petitioner mainly on the

basis of the statements of those eye witnesses, however, when

those eye witnesses have not supported the prosecution story and

(2 of 2) [CRLMB-6094/2022]

turned hostile, it would be very difficult for the prosecution to

prove the guilt of the petitioner.

Learned Special Public Prosecutor (CBI) 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 Manoj Singh @

Tinku S/o Lt. Sh. Vijay Singh shall be released on bail in

connection with FIR No.212/2013 of Police Station Ratanada

District Jodhpur East 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/272-

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