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Judgment
16 paragraphs · 320 wordsThe present second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No. 181/2019, Police Station Mahamandir, District Jodhpur for the offence under Section 302 of I.P.C.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that while rejecting the first bail application of the petitioner on 22.01.2020, the liberty was granted to revive
the prayer for bail after the statements of Baluram and Sagar Chouhan are recorded before the trial court. Learned counsel submits that the witnesses
Baluram and Sagar Chouhan have appeared before the trial court as P.W. 9 and P.W. 10, respectively. They have not supported the prosecution story
and thus, have been declared hostile. He further submits that except the testimony of Baluram and Sagar Chouhan, there was no other evidence on
record to connect the present petitioner with the commission of offences alleged in the instant case. He, therefore, prays that the petitioner may be
enlarged on bail.
Learned Public Prosecutor opposes the bail application. Having regard to the facts and circumstances of the case and upon a consideration of the
arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the present second bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Bablu S/o
Late Ravindra Chouhan arrested in connection with F.I.R. No. 181/2019, Police Station Mahamandir, District Jodhpur shall be released on bail
provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five
Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and
when called upon to do so.