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Judgment
8 paragraphs · 352 wordsManoj Kumar Garg, J
The present fourth bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with FIR No.80/2022 registered at Police Station Merta City, District Nagaur for the offences punishable under Sections 302/34 and 120-B of the IPC.
The third bail application was dismissed as not pressed by this Court vide order dated 06.09.2023 with liberty to file afresh after recording the statement of motbir witness, viz., Baldev Ram.
Learned counsel for the petitioner submits that motbir witness, viz., Baldev Ram has been examined in the Court and he declared hostile. Counsel submits that co-accused Laxman has inflicted head injury to the deceased which is cause of death of deceased. Counsel further submits that only a lathi has been recovered from the possession of the present petitioner and no blood has been found on the alleged weapon. The petitioner is in judicial custody since 08.03.2022 and the trial of the case will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer of bail.
I have considered the arguments advanced before me and gone through the material available on record.
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 fourth bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Chena Ram S/o Ram Lal, shall be released on bail in connection with FIR No.80/2022 registered at Police Station Merta City, District Nagaur provided he executes a personal bond in a sum of Rs.1,00,000/-with two 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.