Allowed

Krishan Kumar v. State

Rajasthan HC17 Aug 2021CRLMB/7746/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed the bail application of an accused charged with murder. The court granted bail primarily because all three material prosecution witnesses had turned hostile, rendering the trial tediously long, without commenting on the merits of the defense.

What did the court decide?

Petitioner released on bail on personal bond of Rs. 50,000 with two surety bonds of Rs. 25,000 each.

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

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

¶2

…..

¶3

S.B. Criminal Misc. Bail Application No. 7746/2021.

¶4

Krishan Kumar S/o Ramprakash, aged 30 years, resident of Ward No. Chunagarh, District Sriganganagar. (Presently lodged at Central Jail, Sriganganagar) ----Petitioner

¶5

Versus

¶6

State of Rajasthan through PP

¶7

----Respondent

¶8

For Petitioner(s)	: Mr. S.R. Godara.
For Respondent(s)	: Mr. Mukhtiyar Khan,PP.

¶9

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

¶10

Order

¶11

17/08/2021

¶12

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.14/2020, Police Station Chunavarh, District Sriganganagar, registered for the offence under Section 302 of the Indian Penal Code.

¶13

Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

¶14

Learned counsel for the petitioner stated that the complainant, PW-3 Ram Prakash has been turned hostile; that the other material witnesses, namely, PW-1 Rajesh Chugh and PW-2 Om Prakash have also been turned hostile; meaning thereby that all the three material witnesses have not supported the story of the prosecution; that the remaining witnesses are the formal witnesses; and that the trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.

¶15

(2 of 2)

¶16

[CRLMB-7746/2021]

¶17

Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner but admitted that all the three material witnesses, as referred hereinabove, have been turned hostile, as they have not supported the story of the prosecution.

¶18

Having regard to the facts and circumstances of the case, particularly looking to the facts that all the three relevant witnesses namely, Rajesh Chugh (PW-1), Om Prakash (PW-2) and Ram Prakash (PW-3) have been turned hostile and they have not supported the prosecution story; and that further trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

¶19

Consequently, the bail application is allowed. It is ordered that the petitioner, Krishan Kumar S/o Ramprakash , arrested in connection with F.I.R. No.14/2020, Police Station Chunavarh, District Sriganganagar, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousad only) with two surety bonds 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.

¶20

(DEVENDRA KACHHAWAHA),J

¶21

6-Mohan/-

Krishan Kumar v. State

Case brief

What is this about?

What did the court decide?

Krishan Kumar v. State

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

Premshankar Vs State of Rajasthan

Miss Kala Vs State of Rajasthan

Jaideep Vs State of Rajasthan

Mamraj Jat Vs State of Rajasthan

Guneshram Vs State of Rajasthan

Rameshwar Lal Regar Vs State of Rajasthan