The High Court considered a bail application in a murder case. The court rejected the argument that the lack of support from one eye-witness warranted bail, noting conflicting testimony from another witness and the gravity of the charges.
None. Bail application dismissed with cost to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISC. BAIL APPLICATION NO. 14477/2018
Pradeep Kumar S/o Shri Jaisingh, B/c Gurjar, Aged About 20 Years, R/o Besarda, Police Station Khetri, District Jhunjhunu (Raj.)
(At Present In Sub Jail Khetri, District Jhunjhunu.)
| ----Petitioner | |
|---|---|
| Versus | |
| State of Rajasthan t ________________ |
hrough P.P. ----Respondent __________________________ |
| For Petitioner: | Mr. Gajanand Yadav |
| For Respondent: | Mr. R.S. Raghav, P.P. |
| For Complainant: | Mr. Birisingh Sinsinwar Sr. Adv. with |
| Mr. Jaswant Singh Rathore |
HON'BLE MRS. JUSTICE SABINA Judgment
01/12/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 321/2017 registered at Police Station Khetri, District Jhunjhunu (Raj.) for offence under Section 302/34 Indian Penal Code, 1860.
Present case relates to murder of Dholaram. Challan has been presented against the petitioner and his coaccused.
Learned counsel for the petitioner has submitted that the petitioner is in custody for the last more than two years. Eye-witness Antram has not supported the prosecution case during trial.
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Learned state counsel who is assisted by the counsel for the complainant, has opposed the petition and has submitted that, although, eye-witness Antram has not supported the prosecution case during trial, but witness Ramavtar has deposed that while they were taking Dholaram to the hospital on the motor-cycle, he had disclosed to him and Jawarharlal and Satish that he had been inflicted injuries by the petitioner and his co-accused.
Keeping in view the seriousness of allegations levelled against the petitioner, no ground for grant of bail to him is made out.
Dismissed.
(SABINA)J.
Mohita/2
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a murder case under Section 302 IPC.
Whether the lack of support from eye-witness Antram constitutes sufficient ground for bail.
1 provisions across 1 enactments
Pradeep Kumar
State of Rajasthan
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
