HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. II Bail No. 10060/2018
Hadmana Ram S/o Ramdhan, Aged About 25 Years, B/c Jat, R/o
Kuchour Aguni, P.S. Nokha, Dist. Bikaner.
(In Judicial Custody At Central Jail, Bikaner)
—-Petitioner
Versus
The State of Rajasthan
—-Respondent
For Petitioner(s) : Mr. Pradeep Choudhary
For Respondent(s) : Mr. K.V. Vyas, PP
HON’BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
09/10/2018
The petitioner has been arrested in connection with CR Case
No. 491/2017 of Police Station Nokha, District Bikaner for the
offence punishable under Sections 498A, 304B, 302/34 of the IPC.
He has preferred this 2nd bail application under Section 439 Cr.P.C.
after rejection/dismissed of the first bail application on
09/08/2018 by this Court.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record
It is submitted on behalf of the petitioner that after dismissal
of the first bail application on 09/08/2018, the statements of PW.1
Tola Ram and PW.2 Mohani have been recorded who are the father
and mother of the deceased. They have not supported the
prosecution story and, therefore, they have been declared hostile.
(2 of 2) [CRLMB-10060/2018]
Besides PW.1 and PW.2, PW.3 Mohan Lal S/o Moti Lal, PW.4 Mohan
Lal S/o Hardas Ram and PW.5 Bhanwara Ram have also been
recorded but they have not supported the prosecution story too,
thus, they have been declared hostile. The trial will take long time
to complete, therefore, it is prayed that the petitioner may be
enlarged on bail.
Learned Public Prosecutor opposes the bail.
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 2nd bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner – Hadmana Ram
S/o Ramdhan shall be released on bail in connection with CR Case
No. 491/2017 of Police Station Nokha, District Bikaner provided he
furnishes 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.
(VINIT KUMAR MATHUR),J
Sanjaysolanki, srpa
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