HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous 2^nd Bail Application No. 7046/2022

Veera Ram S/o Shri Ratnaji, Aged About 35 Years, R/o Bheelwas

Mawa Tehsil Aburoad Dist. Sirohi (At Present Lodged In Sub Jail

Aburoad)

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s)

:

Mr. C.S. Kotwani

Mr. Jawan Singh Rao

For Respondent(s)

:

Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment / Order

25/07/2022

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.48/2020, P.S. Abu Road RIICO, District

Sirohi, for the offences under Sections 147, 143, 148, 149, 452,

323, 302 IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

After the rejection of the first bail application of the

petitioner on 16.10.2020, the testimony of two witnesses namely

Pukhraj and Mahendra has been recorded as PW-1 and PW-2. Both

the witnesses are eye witnesses of the incident and Pukhraj is also

the FIR lodger of the incident. Learned counsel for the petitioner

submits that both the prosecution witnesses have not supported

the prosecution case and they have been declared hostile. He

(2 of 2)

[CRLMB-7046/2022]

further submits that except the testimony of these witnesses,

there is no credible evidence against the petitioner in this case.

The conclusion of trial will take sufficiently long time, therefore, it

is prayed that the petitioner 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 petitioner

deserves to be accepted.

Consequently, the second bail application filed under Section

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

Veera Ram S/o Shri Ratnaji arrested in connection with F.I.R.

No.48/2020, P.S. Abu Road RIICO, District Sirohi 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.

(VINIT KUMAR MATHUR),J

291-praveen/-