Ashok Kumar vs State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for Petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.

Contention of learned Counsel for Petitioner is that as per first information report and statement of complainant/informant, the principal accused is Madan Mohan. Investigating Agency has joined Petitioner as accused on the basis of statement of Raju @ Raju Lal and Om Prakash Mahajan. Both of them have not supported the prosecution case during trial and have been declared hostile. PW-3 Santosh and PW-4 Girraj, who is informant, have neither named the Petitioner as accused nor otherwise given any evidence against him. He has bene made accused only because accused Madan Mohan was earlier working with brother of Petitioner at Jaipur. Petitioner has been in jail since 01.10.2010. Trial may take a long. Although in view of statement of PW-1 Om Prakash and PW-2 Raju @ Raju Lal, there is no basis on which the Petitioner could be connected with the crime so as to sustain conviction. There is no other criminal case ever registered against Petitioner. Petitioner is in jail for last more than five months.

Learned Public Prosecutor opposed the bail application.

After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to allow this bail application. It is therefore ordered that accused-Petitioner, namely, Ashok Kumar Son of Shri Shankarlal, Resident of Village Sarsop, Police Station Chouth-Ka-Barwara, District Sawai Madhopur (presently confined in District Jail, Sawai Madhopur) be released on bail u/s 439 Code of Criminal Procedure, in FIR No. 228/2010, Police Station Chouth-Ka-Barwara, District Sawai Madhopur, for offence under Sections 364, 302 and 201 IPC, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.

However, in case it is found that any other criminal case is pending against Petitioner and that misstatement has been made by the counsel about his whereabouts or non-registration of any other criminal case or any new case in future is registered against him, the bail so granted to him by this Court in this bail application would be liable to be cancelled at the instance of prosecution even by the trial court and stipulation to this effect shall be inserted in bail bonds produced by Petitioner, and sureties to be produced in support thereof shall be verified by Tehsildar of area concerned.

The bail application stands disposed of.