Allowed

Manoj Kumar v. State of Rajasthan

Rajasthan HC24 Aug 2023CRLMB/10426/2023

Case brief

AI extract

What is this about?

In a CRL Miscellaneous Bail Application under Section 439 Cr.P.C. concerning Section 306 IPC, the Rajasthan High Court allowed the bail application. The court held that the case was not fit for incarceration as a long trial was anticipated and no strong case was made out, ordering the petitioner to be enlarged on bail on personal bond with sureties.

What did the court decide?

The accused-petitioner shall be enlarged on bail by furnishing a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Manoj Kumar Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 10426/2023 Manoj Kumar S/o Sh. Udaram, Aged About 42 Years, R/o Vill. 75 Lnp, Ganganagar, At Present Suthar Mandir, Mohangarh, P.s. Mohangarh, Dist. Jaisalmer (Raj.). (At Present Lodged In Dist. Jail, Jaisalmer).

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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. Sushil Bishnoi
For Respondent(s)	: Mr. S.K. Bhati,P.P.

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HON'BLE MR. JUSTICE FARJAND ALI Order

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24/08/2023

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are

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tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	52/2023
2.	Concerned Police Station	Mohangarh
3.	District	Jaisalmer
4.	Offences alleged in the FIR	Section 306 IPC
5.	Offences added,if any
6.	Date of passing of impugned order	20.06.2023

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It is contended on behalf of the accused-petitioner that coaccused Achaar Khan and Saddam Husaain have already been enlarged on bail by co-ordinate Bench of this Court vide order dated 18.08.2023 and no case for the alleged offence is made out against him and his incarceration is not warranted.

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[CRLMB-10426/2023]

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(2 of 2)

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There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I have considered the submissions made by both the parties and have perused the material available on record. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. Needless to say, none of the observations made herein under shall affect the rights of either of the parties during trial and this Court refrains from commenting on the niceties of the matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he 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 his 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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136-Taruna/-

Manoj Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manoj Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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