Rajasthan High Court granted bail to Anil Sharma in a murder and SC/ST atrocity case. Noting lack of injuries on the deceased and weak eyewitness testimony, the court deemed it just to grant bail via personal bond pending trial.
Petitioner released on bail on 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
S.B. Criminal Miscellaneous Bail Application No. 12682/2020
Anil Sharma S/o Ranidan, Aged About 21 Years, r/o Village Sihara, Tehsil Bap, Dist. Jodhpur (Raj.) (At Present Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : | Mr. Jog Singh Bhati on VC |
|---|---|---|
| For Respondent(s) | : | Mr. Mahipal Bishnoi, PP assisted by Mr. Avinash Godara, for the State |
| Mr. Trilok Joshi, on VC, for the complainant |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/01/2021
In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No. 143/2020 of Police Station Bap, District Jodhpur for the offences punishable under Sections 302, 201/34 of IPC and Section 3(2)(V) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the only link of the present petitioner is due to the extra-judicial confession made by the co-accused Maya. Learned counsel for the petitioner further submits that there was a delay in lodging the FIR, as the
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[CRLMB-12682/2020]
FIR was lodged on 12.06.2020 whereas the date of incident is 28.04.2020.
Learned counsel for the petitioner has drawn attention of this Court towards the post-mortem report, in which, the clear opinion given by the medical board is that the deceased died due to Asphyxia arising out of ante-mortem drowning.
Learned counsel for the petitioner further submits that there are no injury marked on the body of the deceased. It is also contended that the initial report was that of natural drowning. It is also contended that charge-sheet has already been filed in this case.
Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application but not in a position to refute the aforesaid factual matrix.
This Court perused the complete documents and chargesheet and finds that the post-mortum report does not carry any injury on the body of the deceased. There are no eye-witness except only one witness 12 years old son Jaswant Singh, also says that probably the death would have been caused by the present petitioner and Maya. This Court also takes note of the fact that charge-sheet has been filed in this case.
Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
(3 of 3)
[CRLMB-12682/2020]
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Anil Sharma S/o Ranidan shall be released on bail in connection with FIR No. 143/2020 of Police Station Bap, District Jodhpur provided he 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 appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DR.PUSHPENDRA SINGH BHATI),J.
24-Sudheer/-
1 issue framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. given the weak evidence and dispute over manner of death.
3 provisions across 3 enactments
Anil Sharma
State Of Rajasthan
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
