Second bail application allowed in a murder and conspiracy case. Court granted bail noting the petitioner stayed away from the spot and trial would take a long time, requiring only a personal bond and sureties.
Petitioner released on bail subject to furnishing a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 7273/2022
Jitendra Kumar @ Jitu S/o Hanja Ram, Aged About 37 Years, R/o Rajendra Nagar Jalore, P.s. Kotwali, District Jalore, Rajasthan. (At Present Lodged At District Jail, Jalore)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mahaveer Singh For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/08/2022
The instant second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.59/2022, Police Station Kotwali, District Jalore, for the offences under Sections 143, 302, 365 and 342 of the IPC since the first bail application came to be rejected vide order dated 05.05.2022 with liberty to renew the prayer for bail after filing of the challan papers.
Learned counsel for the petitioner submits that as per the story of the prosecution, the petitioner was not present at the spot. The highest allegation against him would be that he was a key-conspirator who used to instruct the co-accused of this case to commit offence. An endeavor has been made to connect the petitioner with crime on the basis of call data record and except that, there is no evidence against the petitioner. Thus, charge
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[CRLMB-7273/2022]
sheet has been filed in the trial court, therefore indefinite incarceration of the petitioner would not serve any purpose.
Per contra, learned Public Prosecutor has vehemently and fervently opposed the instant second bail application while submitting that petitioner was the king-pin who instigated the coaccused to commit offence of murder of Inder Singh and abduction. He further submits that criminal antecedents of the petitioner do not entitle him to be released on bail.
Heard learned counsel for the parties. Perused the challan papers. It is an admitted case that the petitioner was not present at the spot and an endeavor has been made to show his nexus with the alleged crime through the call data record. However, no text is available at this stage, thus, this Court refrains from making any comments on merits of the case yet looking to the fact that charge sheet has been filed and trial is likely to take long time to conclude, therefore, this Court deems it just and appropriate to release the petitioner on bail.
Consequently, the second bail application is allowed. It is ordered that the accused-petitioner Jitendra Kumar @ Jitu S/o Hanja Ram arrested in connection with F.I.R. No.59/2022, Police Station Kotwali, District Jalore shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(FARJAND ALI),J
59-Mamta/-
2 issues framed by the court
Whether the petitioner, charged with murder and conspiracy but not present at the crime scene, is entitled to bail upon filing of the challan papers.
Whether the petitioner's criminal antecedents and the reliance on call data records warrant continued incarceration.
1 provisions across 1 enactments
Jitendra Kumar @ Jitu
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
