Bhupendra @ Bhanu vs State Of Rajasthan
2023 Latest Caselaw 2136 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous 5th Bail Application No. 348/2023

Bhupendra @ Bhanu S/o Rajkumar Yadav, Aged About 21 Years, R/o Yadav Mohalla Nathdwara Dist. Rajsamand (At Present Lodged In Dist. Jail Rajsamand)

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

----Respondent

For Petitioner(s) : Mrs. Shanta Devi, petitioner's mother, present in person For Respondent(s) : Mr. B.R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

09/03/2023

Heard and perused the material available on record.

The petitioner(s) has/have been arrested in FIR No.123/2019

of Police Station Nathdwara, District Rajsamand for the offence(s)

punishable under Section(s) 302, 201 and 120-B IPC. He/she/they

has/have preferred this/these fifth bail application(s) under

Section 439 Cr.P.C.

Mrs. Shanta Devi, petitioner's mother, present in person has

submitted that allegation levelled against the petitioner is to the

effect that he helped the main co-accused Nitesh @ Raghu in

disposing dead body of the deceased. It is further submitted that

from the charge-sheet, it is clear that co-accused Nitesh @ Raghu

has fired the gun shot, which resulted into death of Pradeep and

at that time, the petitioner was not present at the scene of crime

(2 of 2) [CRLMB-348/2023]

and he was later on called by the main accused. It is also

submitted that the petitioner is in custody since 20.3.2019 and

trial has not been completed against him till date. It is, thus,

prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor has opposed the bail

application(s).

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 petitioner(s)

under Section 439 Cr.P.C.

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

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

petitioner(s) - Bhupendra @ Bhanu S/o Rajkumar Yadav shall be

released on bail in connection with FIR No.123/2019 of Police

Station Nathdwara, District Rajsamand 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 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

109-msrathore/-

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