GULAB ALIAS TUNIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. Both of them have stated that they have got the papers in their possession, it is not necessary do wait for the record. It is contended that this is a case of circumstantial evidence in which there is no evidence as to how, the deceased died. It is also contended that the case of the petitioner Gulab is similar to that of Rehman who has already been released on bail.

(2.) Learned Public Prosecutor has opposed the application. On considering various facts and circumstances, it may be said that the accused as well as the deceased were involved in smuggling of certain goods but at present the case against the petitioner is for the offence u/s 302 I.P.C. In the manner in which the death of deceased accurred is not very clear and so far the accused have not been put in a live for identification. The trial of the case is likely to take time, without expressing any opinion on the merits of the case, it can be said that this petitioner can be granted the same facility as Rehman with proper conditions.

(3.) It is, therefore, directed that the petitioner Gulab @ Tuniya shall be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000.00 (Rupees Ten Thousand) with two sureties in the sum of Rs. 5000.00 each to the satisfaction of Addl. Sessions Judge Neem-ka-Thana, for his appearance before that court on all dates of hearing during the trial of this case and as and when called upon to do so, with the further condition that the petitioner shall not leave Sikar district without obtaining prior permission from the concerned Sessions Judge.