HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc. 2^nd Bail Application No. 5313/2022

1.

Vikesh Kumar S/o Rama, Aged About 22 Years,

2.

Rajendra @ Raju S/o Govind, Aged About 23 Years,

both R/o Kagdar Mandva Ps Rishabhdev Dist. Udaipur

(At Present Lodged In Central Jail Udaipur )

----Petitioners

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. Jitendra Ojha

For Respondent(s)

:

Mr. S.K. Bishnoi, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

27/04/2022

The present second bail application has been filed under

Section 439 Cr.P.C. on behalf of the petitioners who are in custody

in connection with F.I.R. No.212/2019, Police Station Rishabhdev,

District Udaipur for the offences under Sections 147, 148 and

302/149 of IPC.

Heard learned counsel for the petitioners and learned Public

Prosecutor. Perused the material available on record.

It is submitted by learned counsel for the petitioners that

after rejection of the first bail application by this Court on

15.01.2020, four witnesses have been examined before the trial

court including PW-5 Smt. Lalita, who is the wife of the deceased.

He further submits that other two witnesses namely PW-6 Brij

Mohan and PW-7 Meera have appeared before the trial court.

Learned counsel further submits that PW-5 Lalita is the lodger of

the FIR and eye-witness of the incident. He further submits that

as per the testimony of PW-5 the name of Vikesh Kumar is not

mentioned in her statement and as far as the name of Rajendra @

Raju is concerned, although, the same is reflected in her

(2 of 2)

[CRLMB-5313/2022]

statement but no specific injury has been assigned to him. He

further submits that PW-6 and PW-7 who are the two independent

witness have not supported the prosecution case and they have

been declared hostile. He further submits that there is no cogent

evidence on record which shows the involvement of the present

petitioners in the incident and even as per the prosecution case no

specific injury has been attributed to the petitioners. He further

submits that the petitioners have suffered incarceration since

18.06.2019. Therefore, it is prayed that the petitioners may be

enlarged on bail.

The learned Public Prosecutor opposes the bail.

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 petitioners

deserve to be accepted.

Consequently, the second bail application filed under Section

439 Cr.P.C. is allowed. It is ordered that the accused-petitioners

(1) Vikesh Kumar S/o Rama (2) Rajendra @ Raju S/o

Govind arrested in connection with F.I.R. No. 212/2019, Police

Station Rishabhdev, District Udaipur shall be released on bail;

provided each of them furnish 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.

(VINIT KUMAR MATHUR),J

15-payal/-