Rajasthan High Court - Jaipur
Ashish Singh And Anr vs State Of Rajasthan Through Pp on 27 March, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.IV BAIL APPLICATION NO.1585/2012 Ashish Singh & Anr. Vs. State Date of order : 27/03/2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Azad Ahmed for the petitioners.
Shri G.S. Rathore, P.P. for the State.
****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of the learned counsel for the petitioners is that third bail application of the petitioners has been dismissed on 2.9.2011 with liberty to him to again apply for bail before the court below after the statement of last seen witnesses Brij Mohan and Suraj are recorded. Statement of both those witnesses have been recorded as PW-1 and PW-4 respectively and they have both not supported the prosecution story. The other two witnesses Vijay Saini, PW-2 and Ramesh, PW-3 have also not supported the prosecution case and have been declared hostile. The prosecution against the petitioner in any case is bound to fail. They are in jail for last one and half years. There is no other criminal case against them. Learned Public Prosecutor has opposed the bail application.
Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioners on bail.
In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Ashish Singh S/o Chandra Shekhar and (2) Babbu Singh @ Dewari S/o Chhotu Singh shall be released on bail in F.I.R. No.174/2010, P.S. Dadawari, Distt. Kota for offence u/s.302, 201, 364, 34 of IPC and Section 3 of SC/ST Act on each of them furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial.
(MOHAMMAD RAFIQ), J.
RS/10 All corrections made in the judgement/order have been incorporated in the judgement/order being emailed.
(Ravi Sharma,P.A.