Allowed

Ishwar Das v. State of Rajasthan

Rajasthan HC25 Nov 2022CRLMB/13896/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the second bail application filed by the petitioner under Section 439 Cr.P.C., granting bail with conditions of a personal bond and sureties upon consideration of contradictions in prosecution witness statements.

What did the court decide?

Petitioner released on bail upon executing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.

Ishwar Das Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. 2^nd Bail Application No. 13896/2022

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Ishwar Das S/o Shri Subhash Chandra, Aged About 35 Years, R/o Street No. 14, Near Gurudwara, Hans Nagar, Bhatinda (Punjab). (At Present Lodged In Central Jail, Sri Ganganagar)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. D.S. Thind For Respondent(s) : Mr. Javed Gauri, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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25/11/2022

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The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.237/2021, Police Station Jawahar Nagar, District Sriganganagar registered for the offences punishable under Sections 395, 460, 342, 323 and 120-B of Indian Penal Code.

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The first bail application was dismissed by this Court vide order dated 23.05.2022 with liberty to file afresh after recording of the statement of the witnesses Rajesh Bihani and Smt. Vandana.

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Learned counsel for the petitioner submits that now witnesses Rajesh Bihani and Smt. Vandana have been examined before the trial Court as PW.7 and PW.8 respectively and there are material contradictions, improvements and omissions in their

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(2 of 2)

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[CRLMB-13896/2022]

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statements. The petitioner is in judicial custody since 22.02.2022 and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner.

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Learned Public Prosecutor has opposed the prayer of bail.

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I have considered the arguments advanced before me and gone through the material available on record.

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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.

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Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Ishwar Das S/o Shri Subhash Chandra, shall be released on bail in connection with F.I.R. No.237/2021, Police Station Jawahar Nagar, District Sriganganagar provided he executes a personal bond in a 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.

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(MANOJ KUMAR GARG),J

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27-Rashi/-

Ishwar Das v. State of Rajasthan

Case brief

What is this about?

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Ishwar Das v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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