Allowed

Ashok v. State of Rajasthan

Rajasthan HC16 Sept 2022CRLMB/6269/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail application under Section 439 Cr.P.C. for an accused charged with murder and throwing a dead body. The court granted bail due to the hostility of material witness and contradictions in complainant's statement, ordering the furnishing of a personal bond with sureties.

What did the court decide?

Accused petitioner directed to be enlarged on bail upon furnishing personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Ashok 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. 6269/2022

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Ashok S/o Satyanarain, Aged About 24 Years, R/o Village Bher, Tehsil Khivsar, Police Station Panchodi, Dist. Nagaur.

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(Presently Lodged At Dist. Jail, Nagaur Dist. Nagaur)

----Petitioner

Versus

State Of Rajasthan

----Respondent For Petitioner(s) : Mr.Vijay Bishnoi, Adv. For Respondent(s) : Mr.Mukesh Trivedi, PP Mr.D.K.Godara, Adv. (for complainant)

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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16/09/2022

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The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.85/2021, Police Station Panchodi, Distt. Nagaur for the offence under Sections 302 & 201 of IPC.

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Learned counsel for the petitioner submits that the material witnesses, viz. Kana Ram and Farooq have been examined in the trial court as PW-4 and PW-3 respectively and they have turned hostile. There are material contradictions, omissions and improvements in the statements of the complainant-Shrawan Ram (PW-5) It is further contended that the mother of the deceased has not stated anything against the present petitioner in her statement. The petitioner is in judicial custody since 28.06.2021 and the trial of the case will take sufficient long time. In these

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(2 of 2)

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[CRLMB-6269/2022]

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circumstances, the benefit of bail may be granted to the accusedpetitioner.

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Per contra, learned Public Prosecutor and learned counsel for the complainant have opposed the bail application and contended that according to the post-mortem report, there were injuries on the body of the deceased and thus, this is a case of murder. Therefore, the petitioner may not be granted bail.

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I have considered the arguments advanced before me and gone through the material available on record.

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Taking into account the facts and circumstances of the case so also the fact that the material eye-witnesses PW-3 & PW-4 have been declare hostile and there are material contradictions in the statement of the complainant, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Ashok S/o Satyanarain shall be enlarged on bail in FIR No.85/2021, Police Station Panchodi, Distt. Nagaur provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(MANOJ KUMAR GARG),J

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59-NK/-

Ashok v. State of Rajasthan

Case brief

What is this about?

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Ashok v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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