Suresh Kumar vs State Of Rajasthan (2023:Rj-Jd:41810)
2023 Latest Caselaw 10353 Raj

Rajasthan High Court - Jodhpur

Suresh Kumar vs State Of Rajasthan (2023:Rj-Jd:41810) on 2 December, 2023

Author: Vijay Bishnoi

Bench: Vijay Bishnoi

[2023:RJ-JD:41810]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
    S.B. Criminal Miscellaneous Bail Application No. 9749/2022

Suresh Kumar S/o Kishana Ram, Aged About 32 Years, R/o
Rohila Tehsil Dhorimanna Dist. Barmer (At Present Lodged At
Sub Jail Bhinmal)
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Kishan Lal Bishnoi

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

                                 Mr. Anil Joshi, GA-cum-AAG                 with
                                 Mr. Rajat Chhaparwal



              HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

02/12/2023

Heard learned counsel for the parties and perused the

material on record.

The petitioner has been arrested in FIR No.61/2020 of Police

Station Jhab, District Jalore for the offences punishable under

Sections 450, 394, 397 and 302/34 of IPC and Section 4/25 Arms

Act. He has preferred this bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of the earlier bail application of the petitioner, statements

of the prosecution witnesses PW-1 Pradeep Kumar, PW-2 Naresh

Soni and PW-6 Deepak Jignani have been recorded before the trial

[2023:RJ-JD:41810] (2 of 3) [CRLMB-9749/2022]

court and all of them have not supported the prosecution story

and turned hostile. Learned counsel has submitted that PW-1

Pradeep Kumar has denied that the petitioner and other co-

accused persons have purchased a knife from him. It is also

submitted that PW-2 Naresh Soni has also not supported the

prosecution story and denied that two persons came on a

motorcycle and purchased knife. It is further submitted that the

person namely PW-6 Deepak Jignani, as per the prosecution, who

has prepared DVD from the CCTV cameras, has also not supported

the prosecution story and turned hostile and he has specifically

stated that he did not prepare any DVD from the CCTV camera,

however, has prepared DVC from the pen drive made available to

him by the police. Learned counsel has submitted that in view of

the fact that the main prosecution witnesses have not supported

the prosecution story, it is very difficult for the prosecution to

prove the guilt of the petitioner. It is also submitted that the

petitioner is in custody since 03.09.2020 and the trial against him

has not been concluded till date.

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 - Suresh Kumar

S/o Kishana Ram shall be released on bail in connection with FIR

No.61/2020 of Police Station Jhab, District Jalore provided he

[2023:RJ-JD:41810] (3 of 3) [CRLMB-9749/2022]

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 3-DivyaTak/-

Powered by TCPDF (www.tcpdf.org)