Rajasthan High Court - Jodhpur
Kailash @ Nepal Singh vs State Of Rajasthan on 4 March, 2020
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous III Bail Application No. 15189/2019
Kailash @ Nepal Singh S/o Kana @ Mohan Nath Kalbeliya, Aged
About 22 Years, R/o Bheru Singh Ji Ka Kheda, Police Station City
Kotwali, District Chittorgarh Presently R/o Aroli, Police Station
Bijoliya, District Bhilwara.
(At Present Lodged In District Jail Bhilwara).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Deepak Meenaria
For Respondent(s) : Mr. S.S. Rajpurohit, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 04/03/2020 Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in connection with F.I.R. No.154/2015 of Police Station Bigod, Distt. Bhilwara for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 302, 396, 397 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that statementS of the prosecution witnesses namely Durgalal (PW-2) and Uda (PW-3) have been recorded before the trial court wherein, they have specifically stated that the police have already disclosed the identity of the accused persons to them in police station before conducting the test identification in jail. They have (Downloaded on 04/03/2020 at 09:03:37 PM) (2 of 2) [CRLMB-15189/2019] also specifically stated that the police asked them to identify those persons only.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and after going through the statements of Uda (PW-3) and Durga (PW-12), 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.
Accordingly, this 3rd bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kailash @ Nepal Singh S/o Kana @ Mohan Nath Kalbeliya, shall be released on bail in connection with FIR No.154/2015 of Police Station Bigod, Distt. Bhilwara provided he executes 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.
(VIJAY BISHNOI),J 221-amit/-
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