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2022 DIGILAW 1802 (RAJ)

Naresh @ Prince Viashnav v. State of Rajasthan

2022-05-26

VINIT KUMAR MATHUR

body2022
JUDGMENT Vinit Kumar Mathur, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.112/2021, Police Station Pur, District Bhilwara for the offences under Sections 364, 302, 201 and 397/34 of IPC and Section 4/25 of arms act. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. It is submitted by learned counsel for the petitioner that the first bail application was rejected by this Court on 28.01.2022 with a liberty to file a fresh bail application after recording the statement of Shivam before the learned trial court. He further submits that the seven prosecution witnesses including PW-7 Shivam have been examined before the trial court. He further submits that all the seven prosecution witnesses have not supported the prosecution case. Learned counsel submits that PW-7 Shivam has been declared hostile. He further submits that there is no evidence on record except the testimony of PW-7 Shivam to connect the present petitioner with the offence alleged in this case. Therefore, it is prayed that the petitioner may be enlarged on bail. 4. The learned Public Prosecutor opposes the bail. 5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Naresh @ Prince Viashnav S/o Sh. Nand Kishore Vaishnav arrested in connection with F.I.R. No. 112/2021, Police Station Pur, District Bhilwara shall be released on bail; provided he furnishes 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.