Allowed

Lakhu v. State of Rajasthan

Rajasthan HC6 Apr 2022CRLMB/1926/2022

Case brief

AI extract

What is this about?

This High Court allowed bail for the accused petitioner Lakhu S/o Soma in a murder case. The court granted bail citing hostile prosecution witnesses and medical opinion suggesting the injury could be self-inflicted, noting the trial would take sufficient time.

What did the court decide?

Accused petitioner released on bail to furnish personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

Lakhu Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1926/2022

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Lakhu S/o Soma, Aged About 65 Years, R/o Dunka Phala Palanpur Police Thana Dhambola District Dungarpur. (At Present At Dist. Jail, Dungarpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr. Jitendra Ojha
For Respondent(s)	: Mr. Laxman Solanki,P.P.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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06/04/2022

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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.315/2021, Police Station Dhambola, District Dungarpur, registered for the offence under Section 302 IPC.

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

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Learned counsel for the petitioner stated that accusedpetitioner has falsely been implicated in this case; that statement of complainant - Kishan has been recorded as P.W.1 and he has not supported the story of prosecution and turned hostile; that statement of both the recovery witnesses, viz., Dhanna and Punja have been recorded as P.W.2 and P.W.4 and both have not

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(2 of 3)

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[CRLMB-1926/2022]

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supported the story of prosecution and turned hostile and they clearly stated that nothing have recovered before them; that as per statement of Kishan (P.W.1), deceased was in heavily drunk position and he fell down on bed and, ultimately on floor; that during the course of cross-examination, Dr. Manoj Damor (P.W.3) admitted that “;g dguk lgh gS fd erd ds flj ij yxh pksV fnokj ls Vdjkus ls vkuk laHko gSA ;g dguk lgh gS fd erd ds flj ij yxh pksV ds vykok vU; dksbZ pksV ugha FkhA”; that Dudha (P.W.5) is a formal witness of Panchnama Lash (Ex.P.7); that further trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused petitioner.

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On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that since it is matter of family members, therefore, they turned hostile.

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Having regard to the facts and circumstances of the case, particularly to the fact that above-mentioned witnesses have not supported the story of prosecution and turned hostile and as per opinion of doctor, sole injury of deceased could be caused if deceased has banged his head against the wall; 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.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Lakhu S/o Soma, arrested in connection with F.I.R. No.315/2021, Police Station Dhambola, District Dungarpur, shall be released on bail, if not wanted in any

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(3 of 3)

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[CRLMB-1926/2022]

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other case, provided he furnishes a personal bond of Rs.50,000/(Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(DEVENDRA KACHHAWAHA),J

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15-Bharti/-

Lakhu v. State of Rajasthan

Case brief

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Lakhu v. State of Rajasthan

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