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Judgment
7 paragraphs · 257 wordsManoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No. 125/2021 of Police Station Chauhtan, District Barmer for the offence punishable under Sections 498-A, 304-B of IPC. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail was dismissed by this Court vide order dated 11.11.2021.
Learned counsel for the petitioner submits that PW-1 Deva Ram, PW-2 Pana Ram, PW-3 Bala Ram, PW-4 Aamba Ram and PW-5 Hanuman Ram have been examined before the trial Court and they 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.
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 Sec.439 Cr.P.C. is allowed and it is directed that petitioner Damaram S/o Sh. Durgaram, shall be released on bail in connection with FIR No.125/2021 of Police Station Chauhtan, District Barmer 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.