HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. III Bail No. 10474 / 2017
Ramniwas Vishnoi S/o Shri Mohan Ram Bishnoi, Aged About 26
Years, Caste Bishnoi, R/o Village Janguwas, Bhacharna Tehsil Luni,
Dist. Jodhpur (Petitioner Presently in Judicial Custody Confined in
Central Jail, Jodhpur)
State of Rajasthan Through Public Prosecutor
For Petitioner(s) : Mr.Sanjay Bishnoi Mr.Hanuman Khokhar.
For Respondent(s) : Mr.VS Rajpurohit, PP Mr.RR Bishnoi.
HON’BLE MR. JUSTICE VIJAY BISHNOI
Heard learned counsel for the petitioner and learned Public
Prosecutor as well as learned counsel for the complainant and also
perused the material on record.
The petitioner has been arrested in FIR No.84/2015 of Police
Station, Boranada, District Jodhpur for the offences punishable
under Sections 498A, 304B and 406 IPC. He has preferred this
third bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that after
rejection of second bail application of the petitioner on 17.4.2017,
the mother of the petitioner was also summoned as an accused
and denovo trial was started in which statements of only 5
witnesses have been recorded. It is contended that from the post
mortem report, it is clear that the cause of death of the deceased
(2 of 2)
was hanging and there was no injury on the body of the deceased.
It is further contended that as a matter of fact, it is a case of
suicide but on account of earlier disputes, the petitioner has
falsely been implicated in this case. It is also contended that the
trial of the case will take time as statements of most of the
prosecution witnesses are still to be recorded after denovo trial. It
is also contended that the petitioner is in custody since 8.6.2015.
Learned Public Prosecutor as well as learned counsel for the
complainant have 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 third bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner – Ramniwas
Vishnoi S/o Shri Mohan Ram Bishnoi shall be released on bail in
connection with FIR No.84/2015 of Police Station, Boranada,
District Jodhpur 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.