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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Pankaj Bhandari, J.
Jay Prakash @ Jakhad - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 5902/2021
Decided on : 23-04-2021
Bail Application - Offence under Section 302 I.P.C. - The court allowed the bail application based on the contention that key witnesses had turned hostile and considering the arguments put forth by the petitioner's counsel.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. for an offence under Section 302 I.P.C. as per F.I.R. No. 162/2019 at Police Station Laxmangarh District Sikar. The petitioner's counsel contended that key witnesses had turned hostile.
Finding of the Court:
The court allowed the bail application, considering the contention that key witnesses had turned hostile and the arguments put forth by the petitioner's counsel. The bail was granted with specific conditions.
Issues: The key issue was whether the petitioner should be granted bail despite the serious nature of the offence under Section 302 I.P.C. and the opposition from the Public Prosecutor.
Ratio Decidendi: The court's decision was influenced by the fact that key witnesses had turned hostile, which weakened the prosecution's case, and by the arguments presented by the petitioner's counsel.
Final Decision: The bail application was allowed, and the accused-petitioner was directed to be released on bail upon fulfilling specific conditions.
JUDGMENT
1. Petitioner has filed this bail application under Section 439 Cr.P.C.
2. F.I.R. No. 162/2019 was registered at Police Station Laxmangarh District Sikar for offence under Section 302 I.P.C.
3. It is contended by counsel for the petitioner that one eye witness and other material witnesses have turned hostile.
4. Learned Public Prosecutor has opposed the bail application.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.
7. This bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.
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