This order grants bail to the petitioner Vikram Singh under Section 439 Cr.P.C. The single-judge bench deemed it just and proper to enlarge him on bail due to the anticipated long duration of the trial and insufficient evidence to implicate him.
Petitioner enlarged on bail on furnishing 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 Miscellaneous Bail Application No. 15613/2022
Vikram Singh S/o Sh. Sodan Singh, Aged About 28 Years, B/c Rajput, R/o H.no. 40, Kherva Road Pali Permanent AddressVijaliyawas, Khunkhuna Dist. Nagour. (Lodged In Central Jail, Jodhpur).
----Petitioner
| Versus | |
|---|---|
| State Of Rajasthan, | Through PP ----Respondent |
| For Petitioner(s) | : Mr. Dhirendra Singh, Sr. Adv. with Mr. Jagdish Singh |
| For Respondent(s) | : Mr. Mahipal Bishnoi,PP |
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order
06/01/2023
The instant bail application has been filed by the petitioner Vikram Singh S/o Sh. Sodan Singh, under Section 439 Cr.P.C against the order impugned passed by learned court below in connection with FIR No.495/2021 registered at Police Station Ratanada, District Jodhpur for the offence(s) under Sections 332, 353, 307, 302/34, 115 & 120-B of IPC and Section 3/25, 27 of Arms Act.
Learned senior counsel for the petitioner submits that statement of witnesses have been recorded in the trial Court as PW-1 to PW-8. He further submits that in all statements, it has come on record that while the injured Suresh Singh was taken to the hospital, due to an old enmity between the Jabbar Singh and the injured Suresh Singh which resulted in the firing upon the deceased Suresh Singh. Learned Senior Counsel further submits
(2 of 2)
[CRLMB-15613/2022]
that even the statement made by the injured to the examined prosecution witnesses is without any basis and there is no iota of evidence on record to support or corroborate the statement made by Suresh Singh. Learned Senior Counsel further submits that even the independent eye-witness PW-3 Mukesh Regar has not supported the prosecution case, thus, he has been declared hostile, even the persons who had fired on Suresh Singh have not been arrested so far. Co-accused Jabbar Singh has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 28.11.2022. He further submits that the petitioner is behind the bars since 19.01.2022 and there is no evidence worth credence to implicate the present petitioner in the present case. Therefore, it is prayed that the petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor opposed the bail application.
Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the above named accused-petitioner shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(VINOD KUMAR BHARWANI),J
51-amit/-
1 issue framed by the court
Whether the petitioner should be enlarged on bail pending trial given the length of the inquiry and lack of corroborative evidence against him.
1 provisions across 1 enactments
Vikram Singh
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
