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Premraj @ Prem Khoth And Ors vs State, Through P.p.

Rajasthan High Court · Decided on 4 May 2020 · Citation: (2020) 05 RAJ CK 0009

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 323, 341, 342, 386, 395
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous 2nd Bail Application No. 3167 Of 2020; Criminal Miscellaneous Bail Application No. 3165 Of 2020
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Judgment

9 paragraphs · 344 words

Lawyers are abstaining from work in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

Heard learned counsel for the petitioner and learned Public Prosecutor through Jitsi Meet Application.

The present bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No. 314/2019, Police Station Chopasani Housing Board, Jodhpur for the offence under Section 323, 341, 342, 386, 395 IPC.

I have gone through the order impugned as well as pleadings in the bail application.

After the rejection of the first bail application of petitioner Premraj @ Prem on 16.01.2020, the statement of the prosecution witnesses have been examined, particularly, Ramniwas as PW-1. As per the statement of PW-1, the present petitioner Premraj is not stated to have been present at the time of commission of offence and his name was stated in the police statement just on the basis of doubt.

As far as petitioner Aadu Ram is concerned, his name has neither been mentioned in the FIR nor in the statement of the complainant.

Learned Public Prosecutor opposes the bail application.

Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioners on bail.

Consequently, the present bail applications filed under Section 439 of Cr.P.C. are allowed. It is ordered that the accusedpetitioner - (1) Premraj @ Prem Khoth S/o Mehta Ram (2)Aadu Ram S/o Shri Gordhan Ram arrested in connection with F.I.R. No. 314/2019, Police Station Chopasani Housing Board, Jodhpur shall be released on bail provided they furnish a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.