Judgment / Order 21/11/2017 This bail application has been filed under Section 439 CrPC in connection with FIR No. 56/2011 registered at Bijoliya Police Station , District Bhilwara for the offences under Section 302, 307, 148, 341, 332, 353, 120-B IPC.
Learned counsel for the petitioner has submitted that the identification parade where in he has been identified was defective. Two of the said eye witnesses had not identified him while the third witness who identifies, reports also that the accused petitioner had been shown to the concerned witnesses before. Therefore no reliance can be placed on such identification.
There was no other recovery from the accused petitioner nor there has been any incriminating evidence against him. He is in judicial lock up since long and conclusion of trial will take time. Hence he should be released on bail.
Learned PP opposed the bail application.
Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the State and carefully perused (2 of 2) the relevant material made available on record. Trial is likely to take time and the petitioner is in jail since 2013.
Without commenting on merits of the case but looking to the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem just and proper to enlarge the petitioner on bail.
Therefore, this bail application is allowed and it is directed that accused petitioner Suresh Jain @ Puchhi S/o Ramchandra Jain shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs.20,000/- with two sureties in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he/she/they shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
(SANJEEV PRAKASH SHARMA)J.
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