Allowed

Sunder Lal v. State of Rajasthan

Rajasthan HC9 Apr 2021CRLMB/3490/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed a bail application filed under Section 439 Cr.P.C. for a petitioner accused of murder-related offences. The Court granted bail in view of the prosecution witnesses being hostile and the release of co-accused on similar grounds.

What did the court decide?

Bail granted upon execution of a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the trial court.

Sunder Lal Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3490/2021

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Sunder Lal S/o Sh. Vinod Kumar, Aged About 20 Years, Jegla, Ps Nokha, At Present Patel Nagar Old Post Office Road, Near Sri Ram Dharmnaka, Ps Jainarian Vyas Colony, Bikaner. (Now, Presently Lodged In Sub Central Jail Bikaner).

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----Petitioner

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Versus

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State of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s) : Mr. VK Bhadu For Respondent(s) : Mr. Vikram Sharma,P.P.

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HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Order

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09/04/2021

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Before this Court is an application under Section 439 Cr.P.C. preferred on behalf of petitioner Sunder Lal who has been arrested in connection with FIR No.246/2019 registered at Police Station Gangashahar, District Bikaner for the offences punishable under Sections 302/307, 323, 341, 327, 427, 504, 506, 147, 148, 149 IPC.

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Learned counsel for the petitioner submits that while dismissing the first bail application this Court directed the trial Court to examine the eye witnesses on priority basis expeditiously. After that during trial all eye witnesses PW1-Manoj, PW2-Mukesh, PW3-Sanjay, PW5-Deepak and PW6-Bhawani Shankar have been examined and copy of the statements have been filed with the bail application. All the above witnesses have not supported the

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(2 of 2) [CRLMB-3490/2021]

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prosecution story. They have been declared hostile by the prosecution. He further submits that co-accused Bajrang and Bajrang Bharti have also been enlarged on bail by the co-ordinate bench of this Court on the ground of not supporting the prosecution story by eye witnesses. Learned counsel for the petitioner prays to enlarge the petitioner on bail.

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Learned Public Prosecutor opposes to grant of bail to the petitioner. However, he admits the fact that all eye witnesses have been declared hostile.

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In the facts and circumstances of the case, this Court deems it just and proper to enlarge accused-petitioner on bail under Section 439 Cr.P.C.

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Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Sunder Lal shall be released on bail in connection with FIR No.246/2019 registered at Police Station Gangashahar, District Bikaner provided he executes a personal bond in the 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.

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(RAMESHWAR VYAS),J

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6-rahul arya/-

Sunder Lal v. State of Rajasthan

Case brief

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Sunder Lal v. State of Rajasthan

Case brief

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