Naresh @ Prince Viashnav vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 2968

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Vinit Kumar Mathur, J.
Naresh @ Prince Viashnav – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous 2nd Bail Application No. 6838 of 2022
Decided On : 26-05-2022

Advocates Appeared:
T.R.S. Sodha, Advocate, S.K. Bhati, Advocate

Headnote:
Bail - Criminal Law - The court allowed the second bail application filed under Section 439 Cr.P.C. and ordered the release of the accused-petitioner on bail.
Fact of the Case:

The petitioner filed a second bail application under Section 439 Cr.P.C. in connection with F.I.R. No.112/2021, for offenses under Sections 364, 302, 201, and 397/34 of IPC and Section 4/25 of arms act. The prosecution witnesses, including PW-7 Shivam, have been examined, with Shivam being declared hostile.
Finding of the Court:

Upon consideration of the arguments, the court found that there is no evidence on record except the testimony of PW-7 Shivam to connect the petitioner with the alleged offense. Therefore, the court concluded that the bail application deserves to be accepted.
Issues: The main issue was whether the petitioner should be granted bail in light of the lack of evidence connecting the petitioner with the alleged offense.
Ratio Decidendi: The court's decision was influenced by the lack of evidence connecting the petitioner with the alleged offense, as well as the fact that the prosecution witnesses, including PW-7 Shivam, did not support the prosecution case.
Final Decision: The second bail application filed under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing the specified personal bond and sureties.

JUDGMENT

Vinit Kumar Mathur, J. - 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.112/2021, Police Station Pur, District Bhilwara for the offences under Sections 364, 302, 201 and 397/34 of IPC and Section 4/25 of arms act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. It is submitted by learned counsel for the petitioner that the first bail application was rejected by this Court on 28.01.2022 with a liberty to file a fresh bail application after recording the statement of Shivam before the learned trial court. He further submits that the seven prosecution witnesses including PW-7 Shivam have been examined before the trial court. He further submits that all the seven prosecution witnesses have not supported the prosecution case. Learned counsel submits that PW-7 Shivam has been declared hostile. He further submits that there is no evidence on record except the testimony of PW-7 Shivam to connect the present petitioner with the offence alleged in this case. Therefore, it is prayed that the petitioner may be enlarged on bail.

4. The learned Public Prosecutor opposes the bail.

5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

6. Consequently, the second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Naresh @ Prince Viashnav S/o Sh. Nand Kishore Vaishnav arrested in connection with F.I.R. No. 112/2021, Police Station Pur, District Bhilwara 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.

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