Allowed

Ravi Kumar v. State

Rajasthan HC27 Oct 2021CRLMB/12984/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail application under Section 439 Cr.P.C. for a juvenile accused charged with murder. The court accepted the bail prayer primarily due to the postmortem report showing no injuries, despite allegations of strangulation, leading to the Conclusion that the bail application deserved acceptance.

What did the court decide?

Accused Ravi Kumar shall be released on bail by furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Ravi Kumar Vs State — Murder and Culpable Homicide | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 12984/2021

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Ravi Kumar S/o Shri Mangtaram, Aged About 19 Years, R/o Ward No. 19, Sadul Sahar, Dist. Sri Ganganagar (Raj.) (At Present Lodged In District Jail, Sri Ganganagar)

----Petitioner

Versus

State, Through Pp

		----Respondent
For Petitioner(s)	: Mr.	Rajesh Panwar with Mr. M.S. Soni.
For Respondent(s)	: Mr. Mr.	A.R. Choudhary, P.P. N.K. Sharma,for complainant.

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HON'BLE MR. JUSTICE ARUN BHANSALI Order

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27/10/2021

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

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The present 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.132/2021, P.S. Sadul Sahar, District Sri Ganganagar for the offences under Section 302, 450, 147 and 149 IPC.

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It is submitted by learned counsel for the petitioner that the applicant that in the complaint, the allegations made are omnibus against six persons of giving beating and alleged strangulation of the deceased, however, in the postmortem report, not a single injury has been indicated on the body of the deceased.

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Submissions have been made that the applicant is 19 years only and challan has already been filed in the matter, the applicant is in custody since 7.6.2021 and the trial is likely to take time, therefore, the applicant may be enlarged on bail.

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(2 of 2) [CRLMB-12984/2021]

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Learned Public Prosecutor opposed the bail application. Learned counsel for the complainant also opposed the bail application and submitted that all the eye-witnesses in their statements under Section 161 Cr.P.C. have indicated involvement of the applicant.

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In the circumstances of the case, wherein, the postmortem report apparently does not indicate any injury on the body of the deceased, without expressing any opinion on the merits of the case, this Court is of the opinion that the bail application filed by the applicant deserves to be accepted.

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Consequently, the bail application is allowed. It is ordered that the accused-applicant – Ravi Kumar S/o Shri Mangtaram arrested in connection with FIR No.132/2021, P.S. Sadul Sahar, District Sri Ganganagar, 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.

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(ARUN BHANSALI),J

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33-Sumit/-

Ravi Kumar v. State

Case brief

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Ravi Kumar v. State

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