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Madan Lal vs State on 17 May, 2018

S.B. Criminal Misc. Bail No. 4730 / 2018
Madan Lal S/o Kumbha Ram, Aged About 25 Years, By Caste
Nayak, Resident of Village Dava, District Bikaner. (At Present in
Central Jail, Bikaner).

The State of Rajasthan.

For Petitioner(s) : Mr. GR Punia, Sr. Advocate assisted by Mr.
Manoj Chotia
For Respondent(s) : Mr. AS Rathore, PP

The petitioner has been arrested in connection with FIR

No.280/2017 of Police Station Nokha, District Bikaner for the

offence punishable under Sections 498A, 304B and 302 IPC. He

has preferred this second bail application under Section 439

Cr.P.C. The first bail application was dismissed as not pressed by

this Court and liberty was granted to file fresh bail application

after recording the statement of complainants Surja Ram and

Kanku Devi.

Counsel for the petitioner submits that the complainant Surja

Ram has already expired and Kanku Devi has been examined as

PW-2 and she was declared hostile. There is no other connecting

evidence against the petitioner. The accused-petitioner is in

judicial custody and the trial of the case will take sufficient long
(2 of 2)

time to be concluded. Therefore, the benefit of bail should be

granted to the accused-petitioner.

Learned Public Prosecutor has vehemently opposed 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 second bail application filed under Sec.439

Cr.P.C. is allowed and it is directed that petitioner Madan Lal S/o

Kumbha Ram shall be released on bail in connection with FIR

No.280/2017 of Police Station Nokha, District Bikaner provided

they execute a personal bond in a sum of Rs.80,000/- with two

sound and solvent sureties of Rs.40,000/- each to the satisfaction

of learned trial court for their appearance before that court on

each and every date of hearing and whenever called upon to do so

till the completion of the trial.



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