This order grants regular bail to the petitioner in a Section 306 IPC case. The High Court found it just and expedient to release the petitioner, who has been in custody since October 2018, subject to the Trial Court's satisfaction.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 7274/2019
Naresh Kumar S/o Singaram B/c Jat, Aged About 32 Years, R/o Dhis, Police Station Bahror, Distt. Alwar Raj. (Presently Confined In Jail At Bahror)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Rajneesh Gupta, Advocate For Respondent(s) : Mr. Ganesh Saini for the State
HON'BLE MRS. JUSTICE SABINA
Order
17/10/2019
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 546/2018 registered at Police Station Bahror, District Alwar for offence under Section 306 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 15.10.2018. Independent witnesses have not supported the prosecution case during trial. As per the Post Mortem examination report no obvious cause of death of the deceased was found. There is no report of Forensic Science Laboratory to establish the cause of death of the deceased.
Learned State counsel has opposed the petition.
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on bail.
(2 of 2)
[CRLMB-7274/2019]
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
(SABINA),J
Anil Makwana /90
1 issue framed by the court
Whether the petitioner should be released on regular bail under Section 439 CrPC in a case regarding attempt to murder.
2 provisions across 2 enactments
Naresh Kumar
State Of Rajasthan
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
