HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 4730 / 2018
Madan Lal S/o Kumbha Ram, Aged About 25 Years, By Caste
Nayak, Resident of Village Dava, District Bikaner. (At Present in
Central Jail, Bikaner).
—-Petitioner
Versus
The State of Rajasthan.
—-Respondent
__
For Petitioner(s) : Mr. GR Punia, Sr. Advocate assisted by Mr.
Manoj Chotia
For Respondent(s) : Mr. AS Rathore, PP
__
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
17/05/2018
The petitioner has been arrested in connection with FIR
No.280/2017 of Police Station Nokha, District Bikaner for the
offence punishable under Sections 498A, 304B and 302 IPC. He
has preferred this second bail application under Section 439
Cr.P.C. The first bail application was dismissed as not pressed by
this Court and liberty was granted to file fresh bail application
after recording the statement of complainants Surja Ram and
Kanku Devi.
Counsel for the petitioner submits that the complainant Surja
Ram has already expired and Kanku Devi has been examined as
PW-2 and she was declared hostile. There is no other connecting
evidence against the petitioner. The accused-petitioner is in
judicial custody and the trial of the case will take sufficient long
(2 of 2)
[CRLMB-4730/2018]
time to be concluded. Therefore, the benefit of bail should be
granted to the accused-petitioner.
Learned Public Prosecutor has vehemently opposed the bail
application.
Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the
case, I deem it just and proper to grant bail to the accused
petitioner under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Sec.439
Cr.P.C. is allowed and it is directed that petitioner Madan Lal S/o
Kumbha Ram shall be released on bail in connection with FIR
No.280/2017 of Police Station Nokha, District Bikaner provided
they execute a personal bond in a sum of Rs.80,000/- with two
sound and solvent sureties of Rs.40,000/- each to the satisfaction
of learned trial court for their appearance before that court on
each and every date of hearing and whenever called upon to do so
till the completion of the trial.
(MANOJ KUMAR GARG)J.
Ms/-103
