Judgment · High Court · 2012

Mr. N.A. Rajpuroht, for the petitioner. Mr. Ashok Prajapat, Public Prosecutor for the State. ... This second bail application has been preferred stating therein that statements of main witnesses have been recorded in the trial court and they have not supported the prosecution story. On the statement of Kailash, the FIR was lodged stating therein that his father has consumed liquor due to which he has died and the liquor has been purchased from the present petitioner. Kailash has been examined before the trial court and he has not supported the prosecution story. At the same time, other witnesses Soni and Pooja have not supported the prosecution story and they had not stated any thing against the present petitioner. The learned public prosecutor has submitted that still other incriminating evidence is also available against the present petitioner. The recovery has been made from the present petitioner. It is true that at the instance of the present petitioner some liquor has been recovered but the FSL report of impugned sample goes to show that it gives negative test of presence of Methyl Alcohol and hence without going into the merit of the case and taking note of the fact that some of the co-accused have already been released on bail, the present petitioner is entitled for grant of bail. Accordingly, the bail application is allowed and it is directed that petitioner Hadman Ram @ Hanumanram s/o Mangla Ram in 2 connection with FIR No. 46/2011 of Police Station Kotwaqli Pali District Pali shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the trial court for his appearance before that court on the next date of hearing and on subsequent dates whenever called upon to do so. mlt/29 [Nisha Gupta],J