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Judgment
15 paragraphs · 335 wordsHeard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR/CR No.40/2018 of Police Station Sojat Road, District Pali for the offences punishable under Sections 302/34,
460, 307 and 325 IPC. He has preferred this second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the allegation against the petitioner of inflicting fatal injury on the deceased is not based on any
evidence. Learned counsel for the petitioner has invited my attention towards the police statements of two injured witnesses viz. Mitha Ram and Tija
Devi, recorded soon after the incident, wherein they have not named the petitioner but have named his brother Mukesh as the aggressor, who inflicted
fatal injury. It is submitted that the above said witnesses have not shown the presence of the petitioner in their police statements, however, later on,
they have falsely deposed before the court below that the petitioner was also involved in the commission of crime. It is further submitted that the
petitioner is in custody since long and trial of the case will take time.
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, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Madan Lal S/o Shri Panna shall
be released on bail in connection with FIR/CR No.40/2018 of Police Station Sojat Road, District Pali provided he executes a personal bond in a sum of
Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.