Narendra @ Narsingh vs State Of Rajasthan (2023:Rj-Jd:41604)
2023 Latest Caselaw 10288 Raj

Rajasthan High Court - Jodhpur

Narendra @ Narsingh vs State Of Rajasthan (2023:Rj-Jd:41604) on 1 December, 2023

Author: Vijay Bishnoi

Bench: Vijay Bishnoi

[2023:RJ-JD:41604]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR



  S.B. Criminal Miscellaneous IV Bail Application No. 12268/2022



Narendra @ Narsingh S/o Sh. Hadman, Aged About 41 Years,

B/c Sargara, R/o Vishnu Nagar, Teh. Luni, Jodhpur. (Presently

Lodged In Central Jail, Jodhpur).
                                                                        ----Petitioner
                                       Versus


State Of Rajasthan, Through PP
                                                                      ----Respondent


For Petitioner(s)            :     Mr. Rajiv Bishnoi

For Respondent(s)            :     Mr. B.R. Bishnoi, PP



              HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/12/2023

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR No.56/2018

of Police Station Luni, District Jodhpur for the offence(s)

punishable under Section(s) 302, 120-B, 394 and 411 IPC.

He/she/they has/have preferred this/these fourth bail

application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the charge-sheet, the petitioner alongwith co-accused persons

namely Jitendra, Narendra, Govind and Kailash has committed

[2023:RJ-JD:41604] (2 of 3) [CRLMB-12268/2022]

murder of father-in-law of the complainant and sold the goats to

the other co-accused persons. It is further submitted that the

police has collected foot moulds of the co-accused persons i.e. the

present petitioner, Jitendra, Govind, Kailash, Sohel, Moinudeen

and Akhatar from the place of incident, however, charge-sheet

against co-accused persons namely Sohel, Moinudeen and Akhatar

has been filed only for the offence under Section 411 IPC. Learned

counsel has submitted that the prosecution case is purely based

on scientific evidence and out of 22 prosecution witnesses, only 12

witnesses have been examined before the trial court and the

prosecution has failed to produce cogent evidence against the

petitioner. It is also submitted that the petitioner is in jail from

around five years and eight months, however, trial against him

has not been concluded till date.

Per contra, learned Public Prosecutor has opposed the fourth

bail application.

Having regard to the totality of the facts and circumstances

of the case, particularly taking into consideration the custody

period of the petitioner, without expressing any opinion on the

merits of the case, I deem it just and proper to grant bail to the

petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these fourth bail application(s) filed under

Section 439 Cr.P.C. is/are allowed and it is directed that

petitioner(s) - Narendra @ Narsingh S/o Sh. Hadman shall be

released on bail in connection with FIR No.56/2018 of Police

Station Luni, District Jodhpur provided he/she/they execute(s) a

personal bond in the sum of Rs.50,000/- with two sound and

solvent sureties of Rs.25,000/- each to the satisfaction of learned

[2023:RJ-JD:41604] (3 of 3) [CRLMB-12268/2022]

trial court for his/her/their 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

13 - ms rathore

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