HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B.Criminal Misc. Bail No. 1339 / 2017

Suresh Vagariya S/o Partha Vagariya,, By Caste Vagariya, Resident

of Bank Lane, Kanpur, Pratap Nagar Police Station, Tehsil Girva,

District Udaipur. (Lodged in Central Jail, Udaipur)

----Petitioner

Versus

State of Rajasthan

----Respondent

_____________________________________________________

For Petitioner(s) : Mr. JVS Deora.

For Respondent(s) : Mr. Arjun Singh, PP.

Mr. Surendra Singh, SHO, Pratap Nagar.

_____________________________________________________

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

02/03/2017

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.423/2016, registered at Police Station

Pratap Nagar, District Udaipur for the offences under Sections 394,

397, 302/34 IPC.

I.O. Shri Surendra Singh, SHO, Pratap Nagar is present in

Court. On pertinent query being put, he states that other than

recovery of a piece of silver anklet (payal) from the petitioner, no

other incriminating material was found against him during

investigation so as to connect with the alleged offence of loot and

murder. The I.O. further candidly concedes that the silver

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[CRLMB-1339/2017]

ornament was beyond the state of identification and thus, the test

identification proceedings were not held. No other incriminating

material was found against the petitioner during investigation.

In this background and having regard to the facts and

circumstances as available on record but without expressing any

opinion on the merits of the case, this Court is of the opinion that

the petitioner deserves to be released on bail.

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

allowed and it is directed that the petitioner Suresh Vagariya S/o

Partha Vagariya arrested in connection with the F.I.R. No.

423/2016, registered at Police Station Pratap Nagar, District

Udaipur shall be released on bail provided he furnishes a personal

bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.

(SANDEEP MEHTA), J.

Tikam/68