Sandeep Kumar vs State Of Rajasthan (2024:Rj-Jd:36859)
2024 Latest Caselaw 7714 Raj

Rajasthan High Court - Jodhpur

Sandeep Kumar vs State Of Rajasthan (2024:Rj-Jd:36859) on 4 September, 2024

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2024:RJ-JD:36859]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
    S.B. Criminal Miscellaneous Bail Application No. 4436/2024

Sandeep Kumar S/o Omprakash, Aged About 30 Years, R/o Bhati
Colony, Mandi Kiliyawali (Dabwali), Tehsil Malot, P.s. Lambi, Dist.
Muktsar (Punjab). (At Present Lodged In Sriganganagar Jail).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Swaroop Singh
For Respondent(s)         :     Mr. Surendra Bishnoi, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

04/09/2024

The present third bail application has been filed under

Section 439 Cr.P.C. The petitioner has been arrested in connection

with FIR No.125/2021 registered at Police Station Kesrisinghpur,

District Sri Ganganagar for the offences punishable under Sections

302, 201 and 34 of the IPC.

Learned counsel for the petitioner submits that the petitioner

is inside the jail since 02.07.2021 and up to this time, out of 25

prosecution witnesses, only 9 prosecution witnesses have been

examined before the trial court. Counsel submits that specific

allegations have been levelled against co-accused Satpal Singh,

who inflicted axe injury on the head of the deceased and when the

deceased fell down then again Satpal Singh inflicted knife injury

on his abdomen. Therefore, the main allegation of causing serious

injuies is against co-accused Satpal and not against the present

petitioner. He further submits that bail application of the co-

[2024:RJ-JD:36859] (2 of 2) [CRLMB-4436/2024]

accused Smt. Kulvindra Kaur has already been granted by this

Court vide order dated 20.11.2023 and material witnesses have

turned hostile.

Learned Public Prosecutor has opposed the prayer for grant

of bail.

I have considered the arguments advanced before me and

carefully gone through the material available on record. It is not

disputed that the accused-petitioner has so far suffered

incarceration of about three years and the main allegation for

inflicting injuies is against co-accused Satpal Singh and the trial is

yet pending.

Accordingly, this third bail application under Section 439

Cr.P.C. is allowed and it is ordered that the accused-petitioner-

Sandeep Kumar S/o Omprakash, shall be enlarged on bail in FIR

No.125/2021 registered at Police Station Kesrisinghpur, District Sri

Ganganagar provided he furnishes a personal bond in the sum of

Rs.1,00,000/- with two sureties of Rs.50,000/- 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.

(MANOJ KUMAR GARG),J 147-Mrityunjay Singh Rathore

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