HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12946/2019
Aasman @ Ajman Singh S/o Shri Jeetu Ram, Aged About 30
Years, By Caste Bhat, R/o Charanwala At Present Chak 9 , P.s.
Bajju, Tehsil Kolayat, District Bikaner. (At Present Lodged In
Central Jail, Bikaner).
—-Petitioner
Versus
State, Through P.p.
—-Respondent
For Petitioner(s) : Mr. Hari Shanker Shrimali
For Respondent(s) : Mr. Mukesh Trivedi, P.P.
HON’BLE MR. JUSTICE VIJAY BISHNOI
Order
06/11/2019
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and also perused the material on record.
The petitioner has been arrested in connection with FIR
No.90/2019 of P.S. Bajju, District Bikaner for the offences
punishable under Sections 498A and 306 I.P.C. He has preferred
this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
allegation against the petitioner is to the effect that he had
instigated his wife to commit suicide. It is argued that the police
have filed charge-sheet against the petitioner on the basis of
statements of parents and relatives of the deceased recorded
during the course of police investigation. It is submitted that now
the statements of parents of the deceased have been recorded
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before the trial court as PW-1 to PW-4, however, all of them have
not supported the prosecution story and turned hostile. It is
submitted that when important witnesses have not supported the
prosecution story and turned hostile, it would be very difficult for
the prosecution to prove the guilt of the petitioner.
Learned Public Prosecutor has 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, this bail application filed under Sec.439 SectionCr.P.C. is
allowed and it is directed that petitioner Aasman @ Ajman Singh
S/o Shri Jeetu Ram shall be released on bail in connection with
FIR No.90/2019 of P.S. Bajju, District Bikaner provided he
executes a personal bond in a sum of Rs.50,000/- with two sound
and solvent sureties of Rs.25,000/- each to the satisfaction of
learned trial court for his appearance before that court on each
and every date of hearing and whenever called upon to do so till
the completion of the trial.
(VIJAY BISHNOI),J
67-Babulal/-
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