HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. IInd Bail No. 3659 / 2017
Devendra @ Narayan S/o Shri Kesulal,, By Caste Purohit, Resident
of Teliyon Ka Talab, Nathdwara, Tehsil Nathdwara, District
Rajsamand. (At Present Lodged in Sub-Jail, Nathdwara)
—-Petitioner
Versus
State of Rajasthan
—-Respondent
__
For Petitioner(s) : Mr.D.K.Gaur.
For Respondent(s) : Mr.Pankaj Awasthi, P.P.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
02/05/2017
The present second application for bail has been filed under
Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in
relation to F.I.R. No.371/2016, P.S. Nathdwara, District
Rajsamand, for the offences under Sections 304B, 498A and 34
I.P.C.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The first application for bail filed on behalf of the petitioner
was rejected by this Court giving him liberty to file a fresh one
after examination of the material witnesses at the trial. Now the
material witnesses including first informant Chirag and Hemant
brothers of the deceased Yogita, have been examined at the trial.
These witnesses did not support the prosecution story and were
declared hostile.
(2 of 2)
[CRLMB-3659/2017]
In view of above and having regard to the entirety of facts
and circumstances as available on record and upon a consideration
of the arguments advanced at the Bar, this Court is of the opinion
that the petitioner deserves to be enlarged on bail.
Consequently, the instant second application for bail is
allowed. It is ordered that the accused-petitioner namely
Devendra @ Narayan arrested in connection with F.I.R.
No.371/2016, P.S. Nathdwara, District Rajsamand 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.
/tarun goyal/
Sr.P.A