Petitioner filed a bail application under Section 439 CrPC for murder charges. The High Court granted bail noting that material witnesses did not support the prosecution case, without expressing an opinion on merits.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR.
ORDER
S.B. CRIMINAL MISC. BAIL APPLICATION No.11548/2016.
Rahul s/o Shri Bhagwan Singh by caste Jat r/o Gram Gajju Police Station Raya District Mathura (U.P.) at present r/o Anoda Police Station Raya District Mathura (U.P.) (Petitioner in Central Jail, Bharatpur) Vs.
State of Rajasthan through P.P.
Date of order : October 20, 2016.
HON'BLE MRS. JUSTICE SABINA
Dr. Pushpendra Pal Singh for the petitioner. Shri V.S. Godara, P.P. for the State.
Petitioner has filed this petition under Section 439 Code of Criminal Procedure 1973 seeking regular bail in F.I.R. No. 317/2015 registered at Police Station Atalban, District Bharatpur for offence under Section 302 Indian Penal Code 1860.
Heard.
Material witnesses have not supported the prosecution case during
trial.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA), J
mrg.
1 issue framed by the court
Whether bail should be granted to the accused in a separate trial initiated under Section 439 CrPC as material witnesses are hostile.
2 provisions across 2 enactments
Rahul s/o Shri Bhagwan Singh
State of Rajasthan
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
