High Court dismissed objections and allowed bail for two accused persons Om Prakash and Rakesh Jiterwal, conditional on furnishing personal bonds and sureties, noting co-accused had already been enlarged on bail.
Bail allowed conditioned on furnishing a personal bond of Rs. 25,000/- with one surety of alike amount each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2821/2020
Om Prakash @ O.P. S/o Bhanaram, Aged About 23 Years, R/o Samota Ki Dhani, Tan Dhalyas PS Shrimadhopur Dist. Sikar Raj. (At Present In Dist. Jail Sikar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No.4392/2020
Rakesh Jiterwal S/o Nathu Ram, Aged About 22 Years, R/o Dhani Jodhawali Jairampura P.S. Srimadhopur Distt. Sikar. (Petitioner Is In J.C. At Distt. Jail Sikar)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Shyam Bihari Gautam, Adv. (on Video Conferencing).
For Respondent(s) : Mr. Fateh Ram Meena, Public Prosecutor.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
06/05/2020
Heard learned counsel for the petitioner as well as learned Public Prosecutor.
Learned counsel for the petitioner submitted that in the present case the injured witness Ram Niwas has turned hostile and another eye witness Karni Singh has also turned hostile while giving statement in the Court. Counsel submitted that even the
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[CRLMB-2821/2020]
injuries which were received by the injured person are simple in nature. Counsel further submitted that the parties have entered into compromise.
Learned Public Prosecutor has opposed the bail applications.
This Court finds that the other co-accused Yashwant Kumar @ Ram Singh, Ashok Kumar and Suresh Kumar have been enlarged on bail by Coordinate Bench of this Court.
This Court considering the statements recorded in the trial court and further considering the nature of injury and custody of the petitioners, without expressing any opinion on the merits of the case, this Court deems it just and proper to release the petitioners on bail.
Accordingly, the present bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners Om Prakash @ O.P. S/o Bhanaram and Rakesh Jiterwal S/o Nathu Ram, shall be released on bail in connection with FIR No.221/2019, registered at Police Station Ranoli, District Sikar, provided each of them furnishes a personal bond in the sum of Rs.25,000/- with one surety of alike amount each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.
A copy of this order be separately filed in the connected matter.
(ASHOK KUMAR GAUR),J
Ramesh Vaishnav/86/Himanshu Soni
4-5
1 issue framed by the court
Whether the petitioners are entitled to be released on bail in the pending criminal proceedings.
1 provisions across 1 enactments
Om Prakash @ O.P.
Rakesh Jiterwal
State Of Rajasthan
Ashok Kumar Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
