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2012 DIGILAW 1567 (RAJ)

Krishna Kumar v. State of Rajasthan

2012-07-17

SANDEEP MEHTA

body2012
JUDGMENT 1. - Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the record. 2. The instant bail application has been filed under Section 439 Criminal Procedure Code The petitioner Krishna Kurnar S/o Hansraj has been arrested in F.I.R. No. 226/2011 registered at Police Station Tibbi District Hanumangarh for the offence under Sections 307, 323, 341, 325 and 34, I.P.C. 3. This is a second application for bail filed on behalf of the petitioner. The earlier application for bail filed on his behalf was rejected by this Court on 1.12.2011 whilst giving liberty to the petitioner to file a fresh application for bail after the statement of the witnesses Ram Kumar and Ranjeet are recorded by the trial Court. 4. Counsel for the petitioner contends that the witness Ram Kumar has been examined by the trial Court in pursuance of the direction issued by this Court but the witness Ranjeet despite being served has not appeared to depose before the trial Court. Learned counsel submits that there are cross cases inter se between the parties and the allegation of the prosecution regarding injuries having been caused by a. sharp weapon are not substantiated by the medical evidence. He further submits that the petitioner is in custody since 28.10.2011 and yet only two witnesses have been examined by the trial Court. Learned counsel thus prays that the petitioner now deserves to be released on bail. 5. Learned Public Prosecutor has opposed the application for bail. 6. A perusal of the record reveals that despite repeated directions, the witness Ranjeet has not turned up for deposing before the trial Court. The grievous injuries which have been caused to the injured persons are all on hands and legs and are by blunt weapons. The petitioner has already remained in custody for the last 81/2 months. 7. In view of the aforesaid facts, this Court is of the opinion that it is a fit case for accepting the instant application. 8. Consequently, the bail application is allowed. It is ordered that the accused-petitioner, namely Krishna Kumar S/o Hansraj in F.I.R. No. 226/2011, registered at Police Station Tibbi Dist. Hanumangarh shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 8. Consequently, the bail application is allowed. It is ordered that the accused-petitioner, namely Krishna Kumar S/o Hansraj in F.I.R. No. 226/2011, registered at Police Station Tibbi Dist. Hanumangarh shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- 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 up-on to do so.Bail Application allowed. *******