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Vasudeo vs State on 15 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 1440 / 2018
Vasudeo Son of Shri Kamji Nanoma, By Caste Meena, Resident of
Ghodafalla, Sagwara Police Station, District Dungarpur.
(LODGED IN SUB JAIL, SAGWARA)

—-Petitioner
Versus
State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. J.V.S. Deora
For Respondent(s) : Mr. O.P. Rathi, P.P., for the State
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
15/02/2018

Accused-petitioner has preferred this second bail application

under Section 439 Cr.P.C. arising out of FIR No.249/2017 of

Sagwara Police Station, District Dungarpur for offence under

Sections 498A, 306 IPC.

Police after investigation submitted charge-sheet in the

matter and presently trial is in progress before Additional District

and Sessions Judge, Sagwara, District Dungarpur as Sessions

Case No.14/2017.

The first bail application on behalf of petitioner was

dismissed as not pressed on 13.11.2017.

(2 of 3)
[CRLMB-1440/2018]

Arguing on this second bail application, it is submitted by

learned counsel that during trial statements of four witnesses have

now been recorded including that of P.W.1 Hakara, uncle of

deceased Itali and P.W.4 Hantok, mother of deceased, and both of

them have not supported the prosecution story. It is submitted by

learned counsel that a cumulative reading of the statements of

both the witnesses makes it abundantly clear that these

statements are per se not incriminating in nature to prove charged

offence against the petitioner. Learned counsel further submits

that autopsy report of deceased Itali is not suggestive of any

overt-act by the accused-petitioner. It is also submitted by

learned counsel for the petitioner that petitioner is in custody

since 06.09.2017 and in absence of concrete proof about offence

under Section 306 IPC, it would not be appropriate to keep him

under further incarceration.

Learned Public Prosecutor has opposed the bail application.

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, this second bail application under Section 439

Cr.P.C. is allowed and it is ordered that accused-petitioner,

Vasudeo Son of Shri Kamji Nanoma, arrested in connection with
(3 of 3)
[CRLMB-1440/2018]

F.I.R. No.249/2017, Police Station Sagwara, District Dungarpur,

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/121

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