Allowed

Vijay Kumar v. State

Rajasthan HC3 Jul 2018CRLMB/4436/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to the petitioner under Section 439 Cr.P.C. The petitioner was arrested under charges of murder and conspiracy. The court directed his release pending trial upon executing a personal bond with sureties.

What did the court decide?

Petitioner released on bail on execution of personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each before trial court.

Vijay Kumar Vs State — Murder and Culpable Homicide | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc. Bail No. 4436/2018

¶3

Vijay Kumar Son Of Rajkumar, By Caste Jat, aged about 30 years, Resident Of Naliya Bass, Sujangarh, District Churu. Lodged In Sub Jail, Sujangarh

----Petitioner

Versus

State Of Rajasthan

----Respondent

¶8

For Petitioner(s)	: Mr. Dhirendra Singh
For Respondent(s)	: Mr. Ashok Upadhyay, PP
For Complainant(s)	: Mr. J.S. Choudhary, Sr. Advocate
	assisted by Mr. Pradeep Choudhary

¶9

HON'BLE MR. JUSTICE VIJAY BISHNOI

¶10

Judgment / Order

¶11

03/07/2018

¶12

Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant and also perused the material on record.

¶13

The petitioner has been arrested in FIR No.28/2015 of Police Station Sandwa, District Churu for the offences punishable under Sections 302, 147, 149 and 120-B IPC. He has preferred this bail application under Section 439 Cr.P.C.

¶14

Learned counsel for the petitioner has submitted that the only allegation against the petitioner is to the effect that the jeep used by the other co-accused persons, at the time of assault on deceased Gumanaram, is belonging to the petitioner. It is submitted that there is no iota of evidence available on record to suggest that the petitioner has accompanied the other accused

¶15

(2 of 2) [CRLMB-4436/2018]

¶16

persons at the time of incident or he was involved in the crime in any manner. Learned counsel for the petitioner has further submitted that as a matter of fact the petitioner was neither named as accused in the FIR or in the charge-sheet filed against the other accused persons and now he has falsely been implicated by the police.

¶17

Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application.

¶18

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

¶19

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Vijay Kumar S/o Rajkumar shall be released on bail in connection with FIR No.28/2015 of Police Station Sandwa, District Churu provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

¶20

(VIJAY BISHNOI),J

¶21

Abhishek Kumar S.No.44

Vijay Kumar v. State

Case brief

What is this about?

What did the court decide?

Vijay Kumar v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhola Ram Vs State and Anr.

Vinod Kumar Meena Vs State and Ors.

Jaiprakash and Ors. Vs State and Anr.

Sikandear Khan and Ors. Vs State and Anr.

Smt Madhubala Vs State and Anr.

Prakash Vs State