IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.4815/2010. Prakash Vs. State of Rajasthan Date of order : 26/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri S.N. Meena for the petitioner. Shri Amit Poonia, Public Prosecutor for State. ******
Heard learned counsel for petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of the learned counsel for petitioner is that petitioner has neither been named in the Parcha Bayan of deceased Pankaj Sharma nor brother of the deceased Bharat Lal and his father Dayachand in their statements recorded before the court below who have not supported the prosecution case. They have been declared hostile. Similarly situated accused persons Shravan Lal, Radhey Shyam and Shiv Kumar Sharma have already been enlarged on bail by the court below itself and trial of the case will take a long.
Learned Public Prosecutor has opposed the bail application.
Without expressing any opinion on the merits of the case but having regard to the facts and circumstances of the case, I am inclined to enlarge the accused petitioner on bail.
In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Prakash S/o Bhoundoo Ram shall be released on bail in FIR No.44/2009 P.S. Mandawar, District Dausa for offence u/Ss.147, 148, 149, 341, 323, 452, 307 and 302 IPC on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial.
(MOHAMMAD RAFIQ), J.
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