Allowed

Mohan Singh Son of Kailash v. State of Rajasthan

Rajasthan HC5 Dec 2022CRLMB/11433/2022

Case brief

AI extract

What is this about?

This bail application filed under Section 439 of Cr.P.C. in a murder case was allowed. The petitioner was enlarged on bail with a personal bond of Rs.50,000 and two sureties of Rs.25,000 each to appear in the trial court as required.

What did the court decide?

Accused-petitioner enlarged on bail by furnishing personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Mohan Singh Son of Kailash Vs State of… — 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. 11433/2022

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Mohan Singh Son Of Kailash, Aged About 32 Years, Resident Of Kasbanonera, Police Station Kasba Thana, District Baran (Raj.) (At Present Confined In Distt. Jail Baran)

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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. Girish Khandelwal, Advocate For Respondent(s) : Mr. G.S. Rathore, Government Advocate-cum-Additional Advocate General

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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05/12/2022

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This bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No. 37/2022 registered at Police Station Kasba Thana, District Baran for the offence under Section 306 of IPC.

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Learned counsel for the petitioner submits that as per the FIR, marriage of the deceased was performed as Nata marriage with the petitioner ten years ago and the deceased had three children. Learned counsel further submits that the petitioner has no criminal antecedents and he is behind the bars since 27.06.2022. Learned counsel further submits that the chargesheet has been filed and during the course of trial, statements of PW-3-Gajanand, PW-5-Maheshchand and PW-6-Himmat Singh have been recorded and they have been declared hostile and

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(2 of 2)

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[CRLMB-11433/2022]

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statement of PW-1-Dr. Krishna Kant, who conducted the postmortem of the deceased (Exhibit-1) has been recorded and he has stated, in his cross-examination, that there is no mark of injury on the body of the deceased. Hence, the accused-petitioner may kindly be released on bail.

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Learned Government Advocate has strongly opposed the bail application.

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Heard learned counsel 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 Mohan Singh S/o Kailash 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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Ashish Kumar /14

Mohan Singh Son of Kailash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mohan Singh Son of Kailash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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