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Judgment
8 paragraphs · 336 wordsKuldeep Mathur, J
The instant bail application has been filed by the petitioners -
(1).Manoj Devi W/o Dwarka Prasad and (2). Mani Ram S/o Shri Dwarka Prasad under Section 439 Cr.P.C. in connection with FIR No.47/2022 registered at Police Station Kalu, District Bikaner for the offence under Sections 302 in alternate Section 302/120-B, 201 in alternate 201/120-B of IPC.
Learned counsel for the petitioners submitted that in the FIR dated 28.05.2022, the complainant was informed by the petitioner-accused No.1 that the deceased died on account of an injury inflicted by her with an iron rod. It was further informed by her that the petitioner-accused No.2 has helped her in hiding the evidence related to the said incident. Learned counsel submitted that all the witnesses including the complainant have not supported the prosecution story in their statements recorded before the competent criminal court and have turned hostile. Learned counsel for the petitioners submitted that in view of the aforesaid reason, the probability of conviction of the petitioners is very less. He lastly submitted that no useful purpose would be served by keeping them behind the bars, therefore, the benefit of bail should be granted to the petitioners.
Per contra, learned Public Prosecutor opposed the bail application.
Heard.
Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take a long time to conclude, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners-(1).Manoj Devi W/o Dwarka Prasad and (2). Mani Ram S/o Shri Dwarka Prasad shall be enlarged on bail in connection with FIR No.47/2022 registered at Police Station Kalu, District Bikaner provided they furnish a personal bond in the sum of Rs.50,000/-each with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.