Allowed

Kamal S/O Hazari v. State of Rajasthan

Rajasthan HC4 Aug 2021CRLMB/6155/2021

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail under Section 438 Cr.P.C. to two petitioners charged with murder. Upon the submission of a final negative report by the Investigating Officer, the court deemed it just and proper to grant bail without expressing an opinion on the merits of the case.

What did the court decide?

Anticipatory bail granted conditioned on personal bond of Rs.50,000/-, two sureties of Rs.25,000/- each, and fulfillment of specific conditions regarding appearance and travel.

Kamal S/O Hazari Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 6155/2021

¶4

Kamal S/o Hazari, Aged About 39 Years, R/o Nayagaon Ps Mandrayal Dist. Karauli Raj.

¶5

Hariom S/o Virbal, Aged About 28 Years, R/o Nayagaon Ps Mandrayal Dist. Karauli Raj.

¶6

----Petitioners

¶7

Versus

¶8

State Of Rajasthan, Through Pp

¶9

----Respondent

¶10

For Petitioner(s) : Mr. Dinesh Kumar Garg, Adv. For Respondent(s) : Mr. S. S. Ola, PP Mr. Hari Krishana Sharma, Adv.

¶11

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

¶12

Order

¶13

04/08/2021

¶14

The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.83/2014 Registered at Police Station Mandrayal, District Karauli for the offence under Section 302 of IPC.

¶15

Learned counsel for the petitioners submits that after investigation, Investigating Officer has submitted a final negative report. After that, complainant had filed the protest petition before the concerned trial Court and the trial Court dismissed the protest petition filed by the complainant. Thereafter, complainant filed the revision petition before the learned Sessions Judge, Karauli which was remanded back to decide afresh. After that, learned trial

¶16

(2 of 3)

¶17

[CRLMB-6155/2021]

¶18

Court has taken cognizance against the petitioners vide order dated 27.02.2020 under Sections 323, 302 and 34 IPC. Learned counsel for the petitioners further submits that no case was found against the petitioners during investigation. Nothing is to be recovered from the petitioners. So, the petitioners be enlarged on anticipatory bail.

¶19

Learned Public Prosecutor and learned counsel for the respondent have opposed the bail application.

¶20

Considering the contentions put-forth by the counsel for the petitioners and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application.

¶21

Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Mandrayal, District Karauli in FIR No.83/2014 is directed that in the event of arrest of the petitioners – Kamal S/o Hazari & Hariom S/o Virbal , they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

¶22

(i) that the petitioners shall make themselves available for interrogation by a police officer as and when required;

¶23

(ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court

¶24

(3 of 3)

¶25

[CRLMB-6155/2021]

¶26

or any police officer, and

¶27

(iii) that the petitioners shall not leave India without previous permission of the court.

¶28

(NARENDRA SINGH DHADDHA),J

¶29

Gourav/33

Kamal S/O Hazari v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kamal S/O Hazari v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raju S/O Praveen Vs State of Rajasthan

Anil S/O Ramswaroop Vs State of Rajasthan

Ramrai S/O Bhauri Lal Vs State of Rajasthan

Ayub S/O Noormohammad Vs State of Rajasthan

Devilal Roj Son of Shri Chiganlal Roj Vs State of Rajasthan

Pankaj Kumar Gautam S/O Kshetrapal Gautam Vs State of Rajasthan