High Court granted bail to petitioner charged with murder and attempted murder under IPC Section 302 r/w 149 IPC. Court rejected prosecution argument regarding habitual offenses without expressing an opinion on merits of the case.
Petitioner released on bail via personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 9870/2018
Sandeep Kumar S/o Mahendra Singh Yadav, Aged About 30 Years, B/C Yadav, R/o Rampura Beri, Tehsil Rajgarh, District Churu.
(At present lodged at Sub Jail Rajgarh)
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. Mahesh Bora, Sr. Advocate assisted by Mr. Nishant Bora For Respondent(s) : Mr. L.R. Upadhyay, P.P. Mr. Hanuman Khokhar, for complainant
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
23/10/2018
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No. 23/2018 of Police Station Rajgarh, District Churu for the offences punishable under Sections 147, 148, 449, 452, 326, 307, 302 and 120-B of IPC and read with Section 149 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that there is no evidence is available against the petitioner to allege that he was present at the time of incident in which
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[CRLMB-9870/2018]
one person Ajay Kumar S/o Vidhyadhar was died on account of gun shot fired by Sampat Nehra and others. It is submitted that in the charge-sheet only it is mentioned that petitioner has hatched a criminal conspiracy with the co-accused persons viz. Mintu Modasiya and Sampat Nehra for killing the victim-Ajay Kumar. Learned counsel for the petitioner has further submitted that there is no evidence of this effect is available on record to suggest that petitioner was ever in contact with those persons just prior to the incident or after that. It is submitted that co-accused person Balkesh S/o Satveer against whom also the allegation of hatching a criminal conspiracy, has already been enlarged on bail.
Per contra, learned Public Prosecutor as well as counsel for the complainant have vehemently opposed the bail application and submitted that petitioner is a habitual offender against whom several criminal cases are pending, therefore, he is not entitled to be released on bail.
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.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Sandeep Kumar S/o Mahendra Singh Yadav shall be released on bail in connection with FIR No. 23/2018 of Police Station Rajgarh, District Churu provided he executes a personal bond in a sum
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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.
(VIJAY BISHNOI),J
Taruna
1 issue framed by the court
Whether bail should be granted to an accused charged with murder, attempted murder, and rioting.
1 provisions across 1 enactments
Sandeep Kumar
State
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
