The High Court of Rajasthan at Jodhpur allowed a third bail application seeking release for an accused facing charges under Section 307/120-B IPC, directing release against a personal bond and sureties.
Release on bail, personal bond of Rs. 1,00,000/ and two sureties of Rs. 1,00,000/- each to the satisfaction of the trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S. B. Criminal Misc. 3rd Bail Application No. 8804/2019
Faglu Ram S/o Sh. Arjun Ram, Aged About 23 Years, B/c Bishnoi, R/o Ramdawas Kallan, Tehsil Pipar, Distt. Jodhpur (Raj.) (At Present Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State of Rajasthan
| ----Respondent | ||
|---|---|---|
| For Petitioner(s) | : | Mr. Rajiv Bishnoi |
| For Respondent(s) | : | Mr. Shiv Kumar Bhati, P.P. Mr. Manish Tak |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
11/09/2019
The present third bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.67/2018, Police Station Chopasani Housing Board, Jodhpur for the offence punishable under Section 307/120-B of I.P.C.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and the learned counsel for the complainant. Perused the material available on record.
It is submitted on behalf of the petitioner that after dismissal of the second bail application of the petitioner on 06.05.2019, the statements of the complainant as well as one Mahendra Singh have been recorded before the learned trial court as P.W. 1 and P.W. 2, respectively. He further submits that no overt act has
(2 of 2) [CRLMB-8804/2019]
been attributed to the petitioner. Even, the allegation against the petitioner is only of helping the main assailants. The petitioner is facing incarceration for last more than one and half years. The conclusion of trial will take sufficiently long time and therefore, it is prayed that the petitioner may be enlarged on bail.
Learned Public Prosecutor as well as learned counsel for the complainant fairly admit that the petitioner has not been named in the F.I.R. which has been lodged for threatening the witnesses in the present case.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 of Cr.P.C.
Accordingly, the third bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that petitioner - Faglu Ram S/o Arjun Ram shall be released on bail in connection with FIR No. 67/2018, Police Station Chopasani Housing Board, Jodhpur provided he furnishes a personal bond in a sum of Rs.1,00,000/with two sound and solvent sureties of Rs.1,00,000/- each (out of which one of the surety will be of father of the petitioner) 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.
(VINIT KUMAR MATHUR),J
18-Inder/-
1 issue framed by the court
Whether bail should be granted to an accused facing charges under Section 307/120-B IPC accused in connection with threatening witnesses.
1 provisions across 1 enactments
Faglu Ram S/o Sh. Arjun Ram
State of Rajasthan
VINIT KUMAR MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
