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Aasman @ Ajman Singh vs State on 6 November, 2019

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

(Downloaded on 07/11/2019 at 12:29:53 AM)
(2 of 2) [CRLMB-12946/2019]

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/-

(Downloaded on 07/11/2019 at 12:29:53 AM)

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