Rajasthan High Court - Jaipur
Mukesh Kumar vs State Of Rajasthan Through Pp on 4 January, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 57 / 2017
Mukesh Kumar Son of Badri Narayan by caste Yadav, R/o Village
Paroda, Police Station Ajitgarh, Tehsil Srimadhopur, District Sikar.
At present lodged in the Sub Jail, Neemkathana District Sikar.
----Petitioner/ Accused.
Versus
State Of Rajasthan Through PP
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Ashvin Garg For Respondent(s) : Mr. Sultan Singh Kuri Public Prosecutor : Mr. R.S. Raghav _____________________________________________________ HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order 04/01/2017 The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioner Mukesh Kumar in the matter of FIR No. 144/2016 registered at Police Station Ringus, District Sikar for offences punishable under Sections 148, 149, 341, 323, 325, 449, 504, 452, 308 and 302 of IPC.
Learned Counsel for petitioner Mr. Ashvin Garg submits that during investigation identification parade of petitioner was not conducted and from the perusal of statements of witnesses, it reveals that petitioner was not known to them, they simply stated (2 of 3) [ CRLMB-57/2017] that ^^ geus tkudkjh dh rks muds uke ;gh Fks tks dku flag ds lkFk vk;s Fks! ^^ the source of knowing name of petitioner has not been disclosed. He also submits that petitioner is also not named in FIR and no recovery was effected from the conscious possession of present petitioner. Petitioner is in custody since 10.09.2016, investigation has already been completed, therefore, petitioner may be released on bail.
Learned Public Prosecutor Mr. R.S. Raghav and learned counsel for respondent Mr. Sultan Singh Kuri also opposed the bail application but they fail to explain the identification of petitioner.
I have considered the submissions made at bar. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal, therefore without expressing any final opinion on the merit and de-merit of the case and considering the overall facts and circumstances of the case, I am inclined to grant benefit of bail to the accused-petitioner Mukesh Kumar.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed.
Therefore, it is ordered that the accused-petitioner Mukesh Kumar s/o Shri Badri Narayan in FIR No. 144/2016 registered at Police Station Ringus, District Sikar shall be released on bail; provided he furnishes a personal bond of Rs. 2,00,000/- and two surety bonds of Rs. 1,00,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the (3 of 3) [ CRLMB-57/2017] Trial Court on all dates of hearing and as and when called upon to do so.
(BANWARI LAL SHARMA)J. Simple/47