Rajasthan High Court - Jodhpur
Sharwan Kumar vs State on 13 January, 2021
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Criminal Miscellaneous 2nd Bail Application No. 76/2021
Sharwan Kumar S/o Hemaram, Aged About 26 Years, R/o Village
Dantiwas, Tehsil Bhinmal, Dist. Jalore (Raj.).
(At Present Lodged In Sub Jail, Bhinmal).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Navneet Punia.
For Respondent(s) : Mr. Sudhir Tak, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 13/01/2021 The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.176/2020, Police Station Bhinmal District Jalore for the offences under Sections 450, 394, 307, 302 of IPC and section 3/25 of Arms Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted by learned counsel for the petitioner that after rejection of the first bail application by this court vide order dated 07.09.2020, four prosecution witnesses have been examined. Learned counsel submits that PW1 Ganesha Ram who is lodger of the FIR and witness of certain recoveries has not supported the prosecution and thus, he has been declared hostile.
PW2 Peera Ram who is a recovery witness of fire arm, has not
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supported the prosecution and thus, he has been declared hostile. PW3 Punma Ram who is a recovery witness of C.C. TV Camera and hard Disc has also not supported the prosecution story and thus, he has been declared hostile. PW4 Darma Ram who is an eye witness of the incident has been declared hostile as he has not supported the prosecution case. The counsel submits that except the testimony of the witnesses examined before the trial court, there is no cogent evident to support the case of the prosecution. Therefore, it is prayed that the petitioner may be enlarged on bail.
The learned Public Prosecutor opposes the bail. Having regard to the peculiar facts and circumstances of the case, this Court deems it just and proper to release the petitioner on bail.
Consequently, the second bail application is allowed. It is ordered that the accused-petitioner Sharwan Kumar S/o Hemaram arrested in connection with F.I.R. No.176/2020, Police Station Bhinmal District Jalore shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(VINIT KUMAR MATHUR),J 59-Anil Singh/-
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