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Ashok Kumar vs State on 26 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 2062 / 2018
Ashok Kumar S/o Shri Narendra Kumar, aged about 35 years, R/o
Village Hemaguda, Police Station Jhab, District Jalore (Presently
lodged in Sub-Jail, Sanchore)

—-Petitioner
Versus
State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. Dinesh Vishnoi
For Respondent(s) : Mr. AS Rathore, PP
__
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
26/02/2018

The petitioner has been arrested in connection with FIR

No.83/2017 of Police Station Jhab, District Jalore for the offence

punishable under Sections 498A, 306, 302 IPC. He has preferred

this second bail application under Section 439 Cr.P.C. The first bail

application was dismissed as not pressed on 01.02.2018.

Counsel for the petitioner submits that after rejection of the

first bail application challan was presented for the offence under

Sections 306 and 498A IPC. Counsel further submits that there is

no evidence for abatement to commit suicide by the petitioner to

the deceased. The accused-petitioner is in judicial custody and the

trial of the case will take sufficient long time to be concluded.

Therefore, the benefit of bail should be granted to the accused-

petitioner.

(2 of 2)
[CRLMB-2062/2018]

Learned Public Prosecutor has opposed the second 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 Ashok Kumar

S/o Shri Narendra Kumar shall be released on bail in connection

with FIR No.83/2017 of Police Station Jhab, District Jalore

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.

(MANOJ KUMAR GARG) J.

ms/-62

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