Allowed

Rohit @ Ritu Son of Late Shri Gajendra Singh v. State of Rajasthan

Rajasthan HC8 Dec 2022CRLMB/10588/2022

Case brief

AI extract

What is this about?

The High Court at Jaipur allowed a bail application under Section 439 Cr.P.C. for an accused'challenging non-naming in the FIR and absent from the incident.',granting bail on personal bond with sureties without commenting on merits.

What did the court decide?

Petitioner enlarged on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Rohit @ Ritu Son of Late Shri Gajendra Singh… — Murder and Culpable Homicide | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10588/2022

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Rohit @ Ritu Son Of Late Shri Gajendra Singh, Resident Of Vill. Beeloth Police Station Lakhanpur District Bharatpur At Present In Central Jail Bharatpur.

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent For Petitioner(s) : Mr. Harendra Singh For Respondent(s) : Mr. S.S. Mahala, PP Mr. Dilip Singh Kurka for complainant

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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08/12/2022

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This bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No.342/2022 registered at Police Station Sewer, District Bharatpur for the offence under Sections 323, 341, 307 & 120-B of IPC.

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Learned counsel for the petitioner submits that the petitioner is not named in the FIR and the petitioner was not even present at the place of incident. The petitioner has no criminal antecedents. As per police statement and dying declaration of Pankaj, Lokendra fired upon Pankaj thereby, causing injury on his abdomen. Rohitas was also present with him. As per Post Mortem Report of deceased-Pankaj, cause of death is shock as a result of ante mortem firearm injury. No firearm has been recovered from the petitioner and he is behind the bars since 29.06.2022. After

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(2 of 2) [CRLMB-10588/2022]

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investigation, charge-sheet has been filed. Hence, the accusedpetitioner may be released on bail.

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On the other hand, learned Public Prosecutor as well as learned counsel for the complainant has strongly opposed the bail application. It is further argued by learned counsel for the complainant that Lokendra has fired upon Pankaj on the instruction of petitioner-Rohit and Rohit has also uploaded abusive message on social media, therefore, looking to the facts and circumstances of the case, bail application of the petitioner may kindly be rejected.

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Heard learned counsel for the parties and perused the material available on record.

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Considering the submissions made by learned counsel for the petitioner and taking into consideration overall facts and circumstances of the case but; without expressing any opinion on the merits/demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioner- Rohit @ Ritu Son Of Late Shri Gajendra Singh shall be enlarged on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

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(CHANDRA KUMAR SONGARA),J

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RAJAT KUMAR /18

Rohit @ Ritu Son of Late Shri Gajendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rohit @ Ritu Son of Late Shri Gajendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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