The High Court at Jodhpur granted second bail to the petitioner accused in a murder case under Section 439 Cr.P.C. The court released the petitioner on a personal bond with sureties, noting the charge-sheet and likely delay in trial.
Petitioner released on bail with a personal bond and sureties to appear for the completion of trial.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 4516/2021
Navam S/o Preetam, Aged About 21 Years, Ward No. 12, Ratangarh, District Churu. (Presently Lodged At District Jail Churu).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Pankaj Kumar Gupta For Respondent(s) : Mr. S.S. Rajpurohit, PP Mr. Kaushal Gautam for complainant
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
08/07/2021
Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.447/2020 of Police Station Ratangarh, District Churu for the offence(s) punishable under Section(s) 302, 201 and 120-B IPC. He/she/they has/have preferred this/these second bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that no conclusive evidence connecting the petitioner with the commission of crime have been collected by the police. It is also submitted that it is nowhere mentioned in the charge-sheet that at
(2 of 2)
[CRLMB-4516/2021]
the time of alleged murder of deceased Mukesh, the petitioner was present. It is submitted that the petitioner has falsely been implicated in this case only becuase he is known to the main accused Aman and Mayank. It is submitted that charge-sheet has been filed and trial of the case is likely to take time.
Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application(s).
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these second bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) – Navam S/o Preetam shall be released on bail in connection with FIR No.447/2020 of Police Station Ratangarh, District Churu provided he/she/they execute(s) 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
107-msrathore/-
2 issues framed by the court
Whether bail is grantable to the petitioner accused under Section 439 Cr.P.C. in an offense punishable under Section 302 IPC?
Whether the conclusion of false implication warrants issuance of bail?
1 provisions across 1 enactments
Navam S/o Preetam
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
