Kalu alias Pawan vs State Of Rajasthan

The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR

No.76/2019, Police Station Salamgarh, District Pratapgarh for the offence punishable under Sections 302, 201 & 120-B of IPC.

The first bail application of the petitioner was dismissed on 13.01.2020 by this Court.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner. Eight witnesses have been examined including

the witnesses of recovery in the present case. Learned counsel for the petitioner submits that all the eight witnesses have not supported the case of

the prosecution and thus they have been declared hostile. He further submits that the co-accused Rahul & Lala @ Lalu Ram have been enlarged on

bail by the co-ordinate Bench of this Court vide orders 09.09.2019 & 17.10.2019 respectively. Therefore, it is prayed that the petitioner may be

enlarged on bail.

Learned Public Prosecutor opposes 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 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Kalu alias Pawan S/o Shri Raju Gayari

shall be released on bail in connection with FIR No.76/2019, Police Station Salamgarh, District Pratapgarh provided he furnishes a personal bond in a

sum of Rs.50,000/-(Rupees: Fifty Thousand Only) with two sound and solvent sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) 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.