6HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. II Bail No. 5865 / 2017
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For Petitioner(s) : Mr.IR Choudhary
For Respondent(s) : Mr.OP Rathi, PP.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The instant second bail application under Section 439 Cr.P.C.
has been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.86/2016, registered at Police Station
Dantour, Bikaner for the offences under Sections 498A, 304B, 302
and 120B IPC.
After rejection of first bail application submitted on behalf of
the petitioner, material prosecution witnesses PW3 Riyaz being the
brother of deceased Smt. Rukina, PW5 Ashiq Khan her father and
PW4 Smt.Manga her sister have been examined at the trial. All
these witnesses did not support the prosecution story and have
been declared hostile.
(2 of 2)
In this background and having regard to the facts and
circumstances available on record but without expressing any
opinion on the merits of the case, this Court is of the opinion that
the petitioner deserves to be released on bail.
Accordingly, the instant second bail application under Section
439 Cr.P.C. is allowed and it is directed that the petitioner Bashir
Khan arrested in connection with F.I.R. No.86/2016, registered at
Police Station Dantour, Bikaner 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.