Narulal @ Nariya vs State Of Rajasthan ...
2023 Latest Caselaw 1422 Raj

[2023/RJJD/004191]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 839/2023

Narulal @ Nariya S/o Sh. Kalu, Aged About 45 Years, Sadari Fala-Nakor, P.s. Devgarh, Dist. Pratapgarh, Raj. (Presently Lodged In Dist. Jail, Pratapgarh).

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

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

06/02/2023

The instant bail application has been filed by the petitioner

under Section 439 Cr.P.C against the order impugned dated

10.01.2023 passed by learned court below in connection with FIR

No.74/2021 registered at Police Station Devgarh, District

Pratapgarh, for the offences under Sections 302and 201 of IPC.

Learned counsel for the accused-petitioner submits that the

co-accused-Indra Bai W/o Shri Harji has already been enlarged

on bail by a co-ordinate Bench of this Court vide order dated

20.12.2022 in S.B. Criminal Misc. Bail Application No.3725/2022

and the case of present petitioner is not distinguishable from that

of the co-accused. He further submits that the accused-petitioner

is in judicial custody and the trial of the case will take sufficiently

long time to be concluded. Therefore, the benefit of bail should be

granted to the accused-petitioner. For ready reference order dated

24.01.2023 is reproduced hereinbelow:-

[2023/RJJD/004191] (2 of 3) [CRLMB-839/2023]

"1.The instant bail application has been filed by the petitioner-Smt.Indra Bai W/o Shri Harji under Section 439 Cr.P.C against the order impugned dated 07.03.2022 passed by learned court below in connection with FIR No.74/2021 registered at Police Station Devgarh, District Pratapgrah for the offences under Sections 302, 201, 34 IPC.

2. Learned counsel for the petitioner submits that the eye witness account of the incident is not available. The entire case is based upon circumstantial evidence. There is no direct evidence to show the culpability of the petitioner in the crime. The recovery of a rope at the instance of the petitioner claimed to be farce. Learned counsel submits that in view of cardinal principle regarding appreciation of circumstantial evidence rendered in the judgment passed by the Hon'ble Supreme Court in the case of Hanumant Govind Nargundkar Vs. State of MP [AIR 1952 SC 343], no case is made out against the petitioner to bring home the guilt. Learned counsel for the petitioner further submits that a false case has been foisted against the petitioner. She has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars.

3. Per contra, learned Public Prosecutor opposed the bail application.

4. Heard. Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this court deems it just and proper to enlarge the petitioner on bail.

5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused- petitioner shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court

[2023/RJJD/004191] (3 of 3) [CRLMB-839/2023]

concerned on all the dates of hearing as and when called upon to do so."

Per contra, learned Public Prosecutor has opposed the bail

application.

Heard. Considering the arguments advanced by the counsel

for the parties and looking to the overall facts and circumstances

of the case, this court deems it just and proper to enlarge the

accused-petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner-Narulal @

Nariya S/o Sh. Kalu shall be enlarged on bail in connection with

FIR No.74/2021 registered at Police Station Devgarh, District

Pratapgarh, provided he furnishes a personal bond in the sum of

Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance before

the court concerned on all the dates of hearing as and when called

upon to do so.

(KULDEEP MATHUR),J 112-KshamaD/-

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