Mangi Lal vs State on 3 October, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 4319 / 2017
Mangi Lal S/o Nathuram, B/c Jat R/o Chak 21 GG Burjali P.S.
Chunawat District Sri Ganganagar At Present Residing At
Parmasara District Hanumangarh (Rajasthan)
(Presently Lodged in Central Jail Bikaner)

—-Petitioner
Versus
State of Rajasthan.

—-Respondent
__
For Petitioner(s) : Mr. S.K. Verma
For Respondent(s) : Mr. Ashok Upadhyay, P.P., for the State
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
03/10/2017

The instant bail application under Section 439 Cr.P.C., at the

behest of petitioner, is arising out of FIR No.621/2015 Police

Station Nokha, District Bikaner.

In the FIR, petitioner is charged for offences punishable

under Sections 498A, 304B and alternatively under Section

302 IPC. After investigation, Police has submitted charge-sheet

for the aforesaid offences and presently sessions trial in Case

No.23/2017 is under progress before Additional Sessions Judge

(Women Atrocities Cases), Bikaner.

Learned counsel for the petitioner has contended that though

the allegations against petitioner are very serious but during trial

most of the witnesses including first informant and father of

deceased have turned hostile. Learned counsel has further
(2 of 2)
[CRLMB-4319/2017]

submitted that P.W.2 Jyani, mother of the deceased, has also

retracted from her earlier version so as to absolve the petitioner.

Learned counsel relying on the evidence, which has so far come

to the fore during trial, has urged that petitioner may be enlarged

on bail.

Learned Public Prosecutor has vehemently opposed the bail

application of petitioner.

Having regard to the facts and circumstances of the case,

without expressing any opinion on merits of the case, I deem it

just and appropriate to grant indulgence to the petitioner by

enlarging him on bail.

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

allowed and it is ordered that accused-petitioner, Mangi Lal S/o

Nathuram, arrested in connection with F.I.R. No.621/2015, Police

Station Nokha, District Bikaner, may be released on bail; provided

he furnishes a personal bond of Rs.50,000/- with two sureties of

like amount to the satisfaction of 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.

(P.K. LOHRA)J.

Bharti/5

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