Jagaram vs State Of Rajasthan
2023 Latest Caselaw 6588 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9879/2023

Jagaram S/o Dheera Ram, Aged About 45 Years, R/o Dharli Ghati, Teja Ka Vas, Police Station Bekariya, District Udaipur (Rajasthan) (Presently Lodged In Central Jail, Udaipur)

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

----Respondent

For Petitioner(s) : Mr. Dashrath Singh For Respondent(s) : Mr. Sharwan Bishnoi

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

29/08/2023

The present second bail application has been filed on behalf

of the petitioner under Section 439 Cr.P.C, who has been arrested

in connection with FIR No.131/2022, Police Station Bekariya,

District Udaipur for the offences punishable under Sections 341,

323, 324, 325, 307 and 34 of the IPC.

2. Learned counsel for the petitioner submits that the petitioner

has falsely been implicated in the present case. It is submitted

that while rejecting the first bail application, this Court granted

liberty to the petitioner to file the fresh bail application after

recording the statements of the witnesses Rancha Ram, Mukesh

and Hansa Ram. It is submitted that the statements of the said

witnesses have been recorded by the learned trial court. It is

further submitted that the injured witnesses stated that the

petitioner inflicted axe injury upon them, whereas there was no

recovery of axe from the petitioner. Learned counsel submitted

(2 of 2) [CRLMB-9879/2023]

that the petitioner is behind the bars since long and the trial of the

case would take time. Therefore, it is prayed that the petitioner

may be enlarged on bail.

3. Per contra, learned Public Prosecutor opposed the bail

application.

4. Having heard the parties and looking to the facts and

circumstance of the case, without expressing any opinion on

merits and demerits of the case, this Court is of the opinion that

bail application deserves to be accepted.

5. Accordingly, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioner Jagaram S/o Dheera

Ram shall be released on bail in connection with FIR

No.131/2022, Police Station Bekariya, District Udaipur

provided he executes personal bond in a sum of Rs.1,00,000/-

each with two sound and solvent surety of Rs.50,000/- each to the

satisfaction of learned trial court for is appearance before that

court on each and every date of hearing and whenever called upon

to do so till the completion of the trial.

(MADAN GOPAL VYAS),J 269-CPGoyal/-

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