HC Jodhpur granted bail to two accused persons charged with murder, culpable homicide, and conspiracy. Without commenting on merits, the court directed release on personal bond with sureties pending trial.
Release on bail for each petitioner by executing a 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
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Richin Surana For Respondent(s) : Mr. Sharvan Bishnoi, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
09/09/2019
Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.]
The petitioners have been arrested in connection with FIR No.28/2019 of P.S. Kalandri,District Sirohi for the offences punishable under Sections 302, 201 and 120-B I.P.C. They have preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted that allegations levelled against the petitioners, to the effect that they along with other co-accused persons assaulted the deceased and thereafter threw him into a dam, are absolutely false. Learned counsel for the petitioners has submitted that in the post mortem
(2 of 2)
[CRLMB-10492/2019]
report, the cause of death is mentioned as asphyxia due to aspiration of stomach contents and from that, it is clear that the deceased was not assaulted by the petitioners. Learned counsel for the petitioners has also submitted that no direct evidence has been collected by the police to connect the petitioners with the commission of crime and the petitioners have been made accused on the basis of statements of co-accused persons recorded while they were in custody.
Learned Public Prosecutor has opposed the bail application.
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 petitioners under Section 439 Cr.P.C.
Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners No.1 Nikhil Kumar S/o Narain Lal and No.2 Prithviraj @ Bhuriya S/o Narain Lal shall be released on bail in connection with FIR No.28/2019 of P.S. Kalandri, District Sirohi provided each of them 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/her 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
16-Babulal/-
1 issue framed by the court
Whether bail should be granted to the accused petitioners under Section 439 Cr.P.C. in connection with allegations of murder.
1 provisions across 1 enactments
Nikhil Kumar
Prithviraj @ Bhuriya
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
