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Hadmana Ram vs State Of Rajasthan on 9 October, 2018

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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