Rajasthan High Court - Jodhpur
Ashish Baresha vs State on 16 December, 2021
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
(1 of 2) [CRLMB-14456/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous IInd Bail Application No. 14456/2021
Ashish Baresha S/o Ghanshyam Baresha, Aged About 23 Years,
B/c Harijan, R/o Rayta P.s. Beghu Distt. Chittorgarh Presently
Resident Of H-6 D Block Gandhinagar Harijan Basti Mallatalai P.s.
Ambamata Udaipur Distt. Udaipur (Raj.) (Lodged In Central Jail
Udaipur, Raj)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Firoz Khan
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 16/12/2021 Heard counsel for the parties and perused the material available on record.
The petitioner has been arrested in connection with FIR No.299/2018 of Police Station Ambamata, District Udaipur for the offence punishable under Sections 148, 149, 323, 302/149, 120-B of IPC and Section 3/25 & 5/25 of Arms Act ad Section 3(2)(v) of SC/ST Act. He has preferred this second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the allegations against the present petitioner is that he conducted reiki when the incident in-question happened. Learned counsel for the petitioner further submits that three witnesses namely PW-2 Swati, PW-3 Deepika and PW-4 Suraj Meena have turned hostile (Downloaded on 17/12/2021 at 08:47:01 PM) (2 of 2) [CRLMB-14456/2021] as far as the present petitioner is concerned. Learned counsel for the petitioner further submits that the petitioner is in custody since 02.02.2019.
Learned Public Prosecutor has opposed the bail application. Looking into the distinguish facts that there is no direct allegation regarding participation in the incident in question, this Court is inclined to grant bail.
Having regard to the totality of the facts and circumstances of the case but 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 Cr.P.C.
Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ashish Baresha S/o Ghanshyam Baresha shall be released on bail in connection with FIR No.299/2018 of Police Station Ambamata, District Udaipur provided he execute 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.
(DR.PUSHPENDRA SINGH BHATI),J.
109-Sudheer/-
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