Gurupreet Singh S/O Shri Gurdayal ... vs State Of Rajasthan ...
2023 Latest Caselaw 5122 Raj/2

[2023:RJ-JP:24028]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                               11925/2023

Gurupreet Singh S/o Shri Gurdayal Singh, Aged About 26 Years,
R/o Village Musakheda Police Station Kishangarh Bas District
Alwar, At Present In Central Jail, Alwar.
                                                                        ----Petitioner
                                    Versus
State Of Rajasthan, Through The Pp
                                                                      ----Respondent

For Petitioner(s) : Mr. Namonarayan Meena Mr. Aslam Khan For Respondent(s) : Mr. M.K. Sheoran, P.P.

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

20/09/2023

1. This second bail application has been filed by the petitioner

under Section 439 Cr.P.C.

2. F.I.R. No.486/2022 was registered at Police Station

Registered at Mahila Police Station, Alwar for the offence under

Sections 498-A & 304-B of IPC.

3. Counsel for the petitioner submits that after dismissal of the

first bail application on 23.05.2023, the material witnesses PW-1-

Man Singh (Father of the deceased), PW-2 Meera Kaur (Mother of

the deceased), PW-3- Amanjeet Singh (Brother of the deceased),

PW-4 Joga Singh (uncle of the deceased) & PW-5 Prem Singh

(Maternal uncle of the deceased) have been examined by the trial

Court and have been declared hostile and they did not support the

prosecution story.

[2023:RJ-JP:24028] (2 of 2) [CRLMB-11925/2023]

4. Counsel further submits that the petitioner is behind the bars

since 29.11.2022 and still eighteen witnesses are to be examined

by the trial Court, which would take long time, therefore, the

petitioner may be enlarged on bail.

5. Learned Public Prosecutor has vehemently opposed the

second bail application.

6. Taking into consideration the statement made by counsel for

the petitioner and the facts and circumstances of the case and

also the fact that the five material witnesses have been declared

hostile but without expressing any opinion on merits and demerits

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

petitioner on bail.

7. This second bail application is, accordingly, allowed and it is

directed that accused-petitioner shall be released on bail provided

he furnishes a personal bond in the sum of Rs.50,000/- (Rupees

Fifty Thousand only) together with two sureties in the sum of

Rs.25,000/- (Rupees Twenty Five Thousand only) each to the

satisfaction of the trial Court with the stipulation that he shall

appear before that Court and any Court to which the matter be

transferred, on all subsequent dates of hearing and as and when

called upon to do so.

(GANESH RAM MEENA),J

ARTI SHARMA /302

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