Allowed

Rakesh S/O Shri Madanlal v. State of Rajasthan

Rajasthan HC18 Jul 2022CRLMB/1360/2022

Case brief

AI extract

What is this about?

This order grants bail to three accused petitioners in a murder trial under Section 439 Cr.P.C. The High Court refused to pass opinions on trial merits but deemed enlargement just due to the anticipated long trial duration and lack of homicidal signs in forensic reports.

What did the court decide?

Enlargement on bail with a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.

Rakesh S/O Shri Madanlal Vs State of Rajasthan — 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. 1360/2022

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Rakesh S/o Shri Madanlal, R/o Soran, Police Station Sadar Tonk, Distt. Tonk (Raj.) ( Accused Petitioner In District Jail Tonk)

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 1364/2022

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Mukesh S/o Shri Ramkaran, R/o Village Mandi, Police Station Phagi, District Jaipur Rural (Raj.) ( At Present In District Jail Tonk) (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Public Prosecutor.

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 4939/2022

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Sanjay Son Of Badrilal, Aged About 29 Years, Resident Of Mandi, Police Station Phagi, District Jaipur (Raj.) ( At Present District Jail Tonk)

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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. Sandeep Jain Mr. Anshuman Saxena with Mr. O.P.Choudhary Mr. Shyam Bihari Gautam with Mr. Vijay Singh
For Respondent(s)	:	Mr. Riyasat Ali, PP Mr. Manvendra Singh

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HON'BLE MR. JUSTICE FARJAND ALI

Order

(2 of 4)

[CRLMB-1360/2022]

18/07/2022

The instant bail applications have been filed under Section 439 Cr.P.C on behalf of the accused petitioners- Rakesh S/o Shri Madanlal against order dated 17.01.2022 passed by Learned Additional District & Sessions Judge, Niwai District Tonk in Criminal Bail Application No.9/2022 for the offences under Section 302 & 201 of IPC; accused petitioner- Mukesh S/o Shri Ramkaran against the order dated 17.01.2022 passed by Learned Additional District & Sessions Judge, Niwai District Tonk in Criminal Bail Application No.19/2022 for the offences under Section 302 & 201 of IPC & accused petitioner- Sanjay Son Of Badrilal against the order dated 27.01.2022 passed by learned Additional District & Sessions Judge, Niwai(Raj.) for the offences under Sections 302, 201 & 120B of IPC in FIR No. 393/2021 registered at Police Station Niwai, District Tonk.

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Briefly stated the facts of the case are that the incident happened of this case on 21.9.2021. A written report under Section 174 of Cr.P.C got registered at Police Station, Niwai District Tonk by brother of the deceased, wherein it is stated that the death of Ramdhan occurred under suspicious circumstances in an accident. During the course of enquiry, the dead body was examined by the duly constituted Medical Board. An abrasion of 1/2”X2mm on second toe of right foot, another abrasion of 2X0.5 CM on third toe of right foot and three more abrasions of like nature have been noticed. Five lacerations have been noticed on the posterior region of the right ankle. The injuries have been found to be ante-mortem in nature. However, they seem to be negligible, therefore, the Medical Board sent viscera of the deceased for FSL and histopathological examination and for that,

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(3 of 4)

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[CRLMB-1360/2022]

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samples were taken, preserved, sealed and handed over to the Police. Thus, no opinion regarding cause of death was given.

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Learned counsel for the petitioners submits that false cases have been foisted against the petitioners. They have nothing to do with the alleged offence and no useful purpose would be served by keeping them behind the bars. On 22.10.2021, father of the deceased submitted a report to the SHO making serious aspersion against the petitioner and one other person. It is further alleged that the murder was committed owing to the dispute of liquidation. Upon this report, an FIR under Sections 306 & 309 IPC came to be lodged against the petitioners. The petitioners were arrested and after investigation, a charge sheet for the offence of murder came to be submitted. The trial has commenced and as many as ten witnesses have been examined so far in the trial.

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Per contra, learned Public Prosecutor opposed the bail applications.

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Heard. Perused the material available on record.The report of histopathological examination dated 12.10.2021 and report of FSL dated 23.2.2022 do not indicate signs of homicidal death. Be that as it may, trial is still underway and at the stage of hearing of bail under Section 439 Cr.P.C, this court refrains from making any observations regarding the merits of the case as the same may adversely influence interest of either of the parties. Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this court deems it just and proper to enlarge the petitioners on bail.

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Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners shall be

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(4 of 4)

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[CRLMB-1360/2022]

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enlarged on bail provided each of them 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 their appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(FARJAND ALI),J

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Anu /41-43

Rakesh S/O Shri Madanlal v. State of Rajasthan

Case brief

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Rakesh S/O Shri Madanlal v. State of Rajasthan

Case brief

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