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Judgment
7 paragraphs · 275 wordsManoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No. 44/2021 of Police Station Verda, District Dungarpur for the offence punishable under Section 302 of IPC. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed by this Court vide order dated 02.03.2022 as not pressed with liberty to file afresh after recording the statement of witnesses Vijaypal and Manju.
Learned counsel for the petitioner submits that Vijaypal and Manju have been examined before the trial Court as PW-1 and PW-2 respectively and as per their statement, they have been declared hostile. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has 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, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner, Chandan S/o Mahendra, shall be released on bail in connection with FIR No. 44/2021 of Police Station Verda, District Dungarpur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.