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Judgment
The present 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.89/2019, Police Station Dhambola, District Dungarpur, for the offences under Sections 302, 392 & 114 of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that recovery of blood stained sword from the present petitioner is also not credible as the same was given
to him by Jesa S/o. Dhera for keeping the same in his house. He further submits that mere recovery of sword even if it is blood stained will not be
sufficient to connect the present petitioner in this case. He further submits that there is no evidence other than recovery of sword from the present
petitioner so as to implicate him in this case. Initially there was only one person who was alleged to have come to the house of Kuber Singh and
inflicted the injury but subsequently two persons are said to have trespassed into the house of Kuber Singh and inflicted the injury. The story of the
prosecution itself is doubtful from the inception. Therefore, it is prayed that the petitioner may be enlarged on bail.
The learned Public Prosecutor opposes the bail application. 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.
Consequently, the present bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Jai Singh @ Jesa S/o
Shri Ramaji Damore Meena arrested in connection with F.I.R. No.89/2019, Police Station Dhambola, District Dungarpur 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.