HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 2439/2022

1.

Kailash Bishnoi S/o Surja Ram, Aged About 27 Years, R/o

Newa Kanasar, Baap Police Station, District Jodhpur.

(Confined In Central Jail, Jodhpur)

2.

Shivnarain S/o Danu Ram, Aged About 28 Years, R/o

Newa Kanasar, Baap Police Station, District Jodhpur.

(Confined In Central Jail, Jodhpur)

----Petitioners

Versus

State, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Jaikishan Haniya

For Respondent(s)

:

Mr. Laxman Solanki PP assisted by

Mr. Ravindra Khichi

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

22/03/2022

The present bail application has been filed by the petitioners

under Section 439 Cr.P.C., who have been arrested in connection

with FIR No.23/2022 of Police Station Mata-Ka-Than District

Jodhpur East for the offences punishable under Sections 394 &

452/34 of IPC.

Learned counsel for the petitioners does not want to press

this bail application qua petitioner No.1 Kailash Bishnoi at this

stage.

Hence, the present bail application is hereby dismissed as

not pressed at this stage qua petitioner No.1 Kailash Bishnoi.

So far as petitioner No.2 is concerned, counsel submits that

he is innocent and he has falsely been implicated in this case. The

(2 of 2)

[CRLMB-2439/2022]

accused-petitioner no.2 is in judicial custody and the trial of the

case will take sufficient long time to be concluded. Therefore, the

benefit of bail should be granted to the accused-petitioner No.2.

Learned Public Prosecutor has vehemently opposed the bail

application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner No.2 under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is

partly allowed and it is directed that petitioner Shivnarain S/o

Danu Ram shall be released on bail in connection with FIR

No.23/2022 of Police Station Mata-Ka-Than District Jodhpur East

provided he executes a personal bond in a sum of Rs.1,00,000/-

with two sound and solvent sureties of Rs.50,000/- each to the

satisfaction of learned trial court for his appearance before that

court on each and every date of hearing and whenever called upon

to do so till the completion of the trial.

(MANOJ KUMAR GARG),J

45-Samvedana/-