Allowed

Bablu Singh @ Madhusudan Singh v. State

Rajasthan HC20 May 2019CRLMB/1733/2019

Case brief

AI extract

What is this about?

This order grants bail to the petitioner in a murder case involving Sections 302, 364, and 120-B IPC. The High Court allowed the application noting that main allegations were against a co-accused, only one witness was examined in three years of custody, and the search incident to arrest yield was in open conditions.

What did the court decide?

Petitioner released on bail with a personal bond of Rs. 50,000/- and two surety bonds of Rs. 50,000/- each to the trial court.

Bablu Singh @ Madhusudan Singh Vs State — Murder and Culpable Homicide | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous II Bail Application No. 1733/2019

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Bablu Singh @ Madhusudan Singh S/o Bhanwar Singh, Aged About 30 Years, By Caste Rajput, Resident Of Hardeshar Village, Ratangarh Police Station, District Churu (Lodged In District Jail, Churu)

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s) : Mr. S.K. Verma For Respondent(s) : Mr.Anil Joshi PP

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Judgment / Order

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20/05/2019

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The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.68/2016, Police Station Salasar District Churu, for offences under Sections 302, 364, 120-B/34 IPC.

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Heard learned counsel for the parties. Perused the material available on record.

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Learned Counsel Shri Verma states that the petitioner is in custody since July, 2016 and only one witness has been examined at the trial. He urges that the deceased Bhawani Singh was himself a history-sheeter and was absconding when he was

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(2 of 3)

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[CRLMB-1733/2019]

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murdered. As per him, the principal allegations of the prosecution are attributed to co-accused Bahadur Singh. He drew the court’s attention towards the statement of the witnes Narpat Singh who alleged that the co-accused Bahadur Singh went with the deceased Bhawani Singh in a car. As per prosecution, monetary dispute also existed between Bahadur Singh and the deceased Bhawani Singh. He thus, urges that the petitioner is totally innocent and has falsely been implicated in this case on mere conjectures and surmises and deserves indulgence of bail.

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Per contra, learned Public Prosecutor vehemently and fervently opposed the submissions advanced by petitioner’s Counsel. However, he too is not in a position to dispute the fact that the main allegations of prosecution are against the accused Bahadur Singh. The recovery of shirt and passbook of the deceased which are attributed to the petitioner were made from nearby the place of incident while lying in open condition.

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From the evidence of the witness examined during investigation, it is clear that the main allegations of the prosecution are against the co-accused Bahadur Singh.

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Having regard to the overall facts and circumstances of the case as available on record and considering the fact that despite the petitioner having faced a prolonged custody period of almost three years, only one witness has been examined at the trial, this Court is inclined to extend indulgence of bail to him. Accordingly, this second bail application is allowed and it is directed that the petitioner Bablu Singh @ Madhusudan Singh S/o Bhanwar Singh

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(3 of 3)

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[CRLMB-1733/2019]

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arrested in connection with the F.I.R. No.68/2016, registered at Police Station Salasar, District Churu shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(SANDEEP MEHTA),J

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9-1/- Sudhir Asopa

Bablu Singh @ Madhusudan Singh v. State

Case brief

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Bablu Singh @ Madhusudan Singh v. State

Case brief

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