Dismissed

Narendra Singh S/O Ramesh Chand v. State of Rajasthan

Rajasthan HC16 Mar 2022CRLMB/166/2022

Case brief

AI extract

What is this about?

In this bail application, the petitioner sought release under Section 439 Cr.P.C. regarding non-bailable offences including murder. The High Court noted that the deceased identified the petitioner and a weapon was recovered, deeming it improper to grant bail without commenting on merits. The application was dismissed.

What did the court decide?

Bail application dismissed, with liberty to file afresh after recording statements of material witnesses.

Narendra Singh S/O Ramesh Chand 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. 166/2022

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Narendra Singh S/o Ramesh Chand, Aged About 35 Years, Resident Of Village Jaroli, Police Station Kolari, District Dholpur (Raj.) (At Present Confined District Jail, Dholpur (Raj.)

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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. Yogesh Singhal, 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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16/03/2022

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This bail application has been filed under Section 439 Cr.P.C. in connection with FIR No. 122/2021 registered at Police Station Sapau, District Dholpur for the offence under Sections 323, 341 and 302 of IPC.

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Learned counsel for the petitioner submits that the FIR has been lodged after a delay of five days. Learned counsel further submits that the deceased died 21 days after the incident and he was unconscious during treatment in the Hospital and none of the eye-witnesses was present on the spot. Learned counsel further submits that after consuming the excessive liquid the deceased fell down on the ground and sustained head injury. Learned counsel further submits that the petitioner is behind the bars since long and the charge-sheet has been filed. Learned

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(2 of 2)

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[CRLMB-166/2022]

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counsel further submits that the cause of death is ‘coma’ brought about ante-mortem head injury. Hence, the accused-petitioner may be released on bail.

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Learned Government Advocate-cum-Additional

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Advocate General has strongly opposed the bail application.

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

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As per the FIR, the deceased-Sudhir, after becoming conscious, has told the name of the petitioner-Narendra Singh. The complainant-Sukhram in his further statement and other witnesses namely, Udayman Singh, Ajad, Vivek, Bebi @ Vimla, Radha, Sharda and Sajan have stated the same facts in their Police statements. At the instance of the petitioner one lathi was recovered. Therefore, looking to the above facts and circumstances of the case; but without expressing any opinion on the merits/demerits of the case, this Court deems it not proper to enlarge the petitioner on bail.

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Hence, the bail application of the petitioner under Section 439 Cr.P.C. is dismissed.

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However, the petitioner would be at liberty to file afresh after recording the statements of material witnesses.

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(CHANDRA KUMAR SONGARA),J

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Ashish Kumar /12

Narendra Singh S/O Ramesh Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Narendra Singh S/O Ramesh Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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