HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Third Bail Application No. 223/2021

Nipun@mithun S/o Manoj Thakur, Aged About 20 Years, R/o

Jaiprabha Nagar PS Chotham Dist. Khagdiya Bihar Present
Labourer Vansh Marble Dena Bank Marble Area Kishangarh
(Presently In J.c. At Central Jail Ajmer)
----Petitioner
Versus
State Of Rajasthan, through PP
----Respondent

For Petitioner(s) : Mr. Mohammad Aslam through VC

For Respondent(s) : Mr. Pankaj Agarwal, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

11/01/2021

1. Petitioner has filed this third bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 257/2017 was registered at Police Station Gandhi

Nagar, District Ajmer, for offence under Sections 302 and 201 of

I.P.C.

3. It is contended by counsel for the petitioner that petitioner

has remained in custody for a period of more than three years. It

is also contended that co-accused has been enlarged on bail. The

case rests on circumstantial evidence. There is no last seen

evidence. The only evidence found against the petitioner is

recovery of t-shirt, which has been recovered from a place where

many persons reside.

4. Learned Public Prosecutor has opposed the third bail

 (2 of 2) [CRLMB-223/2021]

application.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the third bail application.

7. This third bail application is accordingly allowed and it is

directed that accused petitioner shall be released on bail provided

he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the learned trial court with the stipulation that he shall appear

before that Court and any court to which the matter is transferred,

on all subsequent dates of hearing and as and when called upon to

do so.

(PANKAJ BHANDARI),J

Heena/31