Single judge allowed the second bail application of the accused involved in murder and weapons offences. The court accepted it without expressing an opinion on merits after public prosecutor conceded that eye-witnesses turned hostile.
Accused released on bail on personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1 of 2)
[CRLMB-10254/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous IInd Bail Application No. 10254/2021
Zaid Khan S/o Sh. Azam Khan, Aged About 24 Years, Akherpur, P.s. Pratapgarh, Dist. Pratapgarh. (At Present Lodged In District Jail, Pratapgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.C. Purohit. For Respondent(s) : Mr. S.K. Rathi, P.P.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
19/08/2021
Heard learned counsel for the parties. Perused the material available on record.
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No.517/2019 of Police Station Pratapgarh, for the offences under Sections 302/34, 120B IPC and Section 3/25 Arms Act.
It is submitted by learned counsel for the applicant that there are two eye-witnesses, who are mother and daughter of the deceased, they have turned hostile during course of recording of their statements and in the cross-examination, nothing has come on record to implicate the applicant.
Learned Public Prosecutor opposed the bail application, however concedes that both the eye-witnesses have turned hostile.
(2 of 2)
[CRLMB-10254/2021]
In the circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the opinion that the second bail application filed by the applicant deserves to be accepted.
Consequently, the second bail application is allowed. It is ordered that the accused-applicant – Zaid Khan S/o Sh. Azam Khan arrested in connection with FIR No.517/2019 of Police Station Pratapgarh, shall be released on bail; provided he furnish a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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.
(ARUN BHANSALI),J
25-Sumit/-
1 issue framed by the court
Whether the second bail application of the applicant who is in custody deserves to be accepted in the circumstances where eye-witnesses turned hostile.
1 provisions across 1 enactments
Zaid Khan
State Of Rajasthan
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
