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Judgment
7 paragraphs · 349 wordsManoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No.117/2021 (wrongly mentioned as 171/2021 in the impugned order) of Police Station Bagor, Dist. Bhilwara for the offence punishable under Sections 302, 394, 201 of IPC. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed by this Court on 19.08.2023.
Counsel for the petitioner submits that the statement of witness Sitaram has been recorded before the trial court as PW-6 and there are material contradictions, omissions and improvements in his statement. Counsel further submits that the recovery witness Shankar Lal has also been examined before the trial court as PW-13 and he has been declared hostile. Further, another recovery witness Bheru lal was examined before the trial court as PW-19 and he mentioned that whatever the ornaments recovered, have not been produced before the trial court and he stated that he does not know whether the recovered ornaments belong to the deceased or any other person. The accused-petitioner is inside jail since 26.09.2021 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 second 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 Naveen Bhatt S/o Shri Sharwan Kumar Bhatt shall be released on bail in connection with FIR No.117/2021 (wrongly mentioned as 171/2021 in the impugned order) of Police Station Bagor, Dist. Bhilwara, 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.