The High Court of Rajasthan at Jodhpur dismissed the objection of the Public Prosecutor and granted bail to the petitioner accused in a conspiracy to kill case under Section 439 Cr.P.C. The petitioner was released on executing a personal bond with sureties.
Petitioner released on bail by executing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Second Bail No. 1595 / 2018
Vijay Nath Son of Shanker Nath, Aged About 46 Years, Jogiwada, Surajpole, Udaipur, District Udaipur.
(Lodged in Central Jail, Udaipur)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Dhirendra Singh
For Respondent(s) : Mr. Ashok Upadhyay, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
14/02/2018
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.125/2014 of Police Station, Bhupalpura, District Udaipur for the offences punishable under Sections 302/34, 307/34, 120-B and 449/34 IPC. He has preferred this second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the allegation against the petitioner is to the effect that he entered into a conspiracy with the main accused persons to kill Praveen Paliwal. It is contended that the specific allegation of killing the victim is against Dalpat Singh, Naresh Harijan, Sahil Harijan, Karan Singh and Chanchal Jain @ Maharaj. It is further contended that from the perusal of charge-sheet and other evidence available
(2 of 2)
[CRLMB-1595/2018]
on record, it is clear that the petitioner was not present at the time of occurrence. It is also contended that no weapon has been recovered at the instance of petitioner, however, accused Bharat Nath, from whom pistol was recovered, has already been enlarged on bail by this Court vide order dated 10.08.2015.
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 second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Vijay Nath S/o Shanker Nath shall be released on bail in connection with FIR No.125/2014 of Police Station, Bhupalpura, District Udaipur provided he 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.
Abhishek Kumar S.No.68
1 issue framed by the court
Whether bail should be granted to the petitioner accused of offences under Sections 302, 307 IPC in the present criminal trial.
1 provisions across 1 enactments
Vijay Nath Son of Shanker Nath
State of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
