1

S.B. CR. MISC. BAIL APPLICATION NO.362/2016

Rameshwar Das @ Ramesh Das

V/S

State of Rajasthan

Date of order : 14.01.2016

HON'BLE MR. JUSTICE VIJAY BISHNOI

Mr. Sunil Beniwal, for the petitioner.

Mr. Ashok Upadhyay, Public Prosecutor.

Heard learned counsel for the petitioner as

well as learned Public Prosecutor and also

perused the material on record.

The petitioner has been arrested in FIR

No.76/2015 of Police Station, Khimasar, District

Nagaur for the offence punishable under Section

302 IPC. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has

submitted that the petitioner has been

implicated for murder of his father only on the

basis of statement of his wife Smt. Leela Devi.

It is submitted that though in the statement

recorded under Section 161 Cr.P.C. Smt. Leela

Devi has stated that the petitioner had

inflicted lathi blow on the head of deceased and

on account of that he died, but during her

examination before the trial court as

2

prosecution witness No.1, Smt. Leela Devi has

specifically stated that she did not see the

petitioner inflicting any injury upon the

deceased thus, she has not supported the

prosecution story. He has further submitted that

other witnesses in the case have stated in their

police statment that they have been informed by

PW-1 Smt. Leela Devi that the petitioner has

murdered the deceasecd and there is no other eye

witness of the incident.

Learned Public Prosecutor has opposed the

bail application and submitted that though PW-1

Smt. Leela Devi has turned hostile but other

witnesses, during their police statments, have

clearly stated that PW-1 Smt. Leela Devi

informed them that the petitioner has murdered

the deceased, however, their statments have not

been recorded by the trial court, therefore, the

petitioner is not entitled to be released on

bail.

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 under Section 439 Cr.P.C.

3

Accordingly, this bail application filed

under Section 439 Cr.P.C. is allowed and it is

directed that petitioner – Rameshwar Das @

Ramesh Das S/o Bhagirath Das shall be released

on bail in connection with FIR No.76/2015 of

Police Station, Khimasar, District Nagaur

provided he executes a personal bond in a sum of

Rs.50,000/- with two sound and solvent sureties

of Rs.25,000/- 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.

[VIJAY BISHNOI],J.

Abhishek

23