Allowed

Rahul Dagoriya @ Rahul Arya v. State of Rajasthan

Rajasthan HC13 Dec 2023CRLMB/10815/2023

Case brief

AI extract

What is this about?

This is an order allowing a second bail application under Section 439 Cr.P.C. for an accused facing murder, culpable homicide, and serious injury charges. The Single Judge granted bail without considering merits, directing release on a personal bond and sureties.

What did the court decide?

Petitioner released on bail in connection with FIR No.163/2019 upon executing a personal bond of Rs.1,00,000 and two sureties of Rs.50,000.

Rahul Dagoriya @ Rahul Arya Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2023)

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[2023:RJ-JD:43515]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 10815/2023

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Rahul Dagoriya @ Rahul Arya S/o Kundan Harizan, Aged About 22 Years, R/o Khedali Crossing, Harizan Basti, Bheemganj Mandi Police Station, Bheemganj Mandi, District Kota. (Lodged In Sub Jail, Shahpura)

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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. Narendra Chouhan
		Mr. Rakesh Sharma
For Respondent(s)	:	Mr. Javed Gauri, PP
		Mr. JK Haniya

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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13/12/2023

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The petitioner has been arrested in connection with FIR No.163/2019 of Police Station Shakkergarh, District Bhilwara, for the offence punishable under Sections 302, 307, 325/4, 120-B of IPC and Sections 3/25 of Arms Act. He has preferred this second bail application under Section 439 Cr.P.C.

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The first bail application was withdrawn vide order dated 19.04.2022.

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Learned counsel for the petitioner submits that both the eyewitnesses Parmanand (PW-11) and Sonu (PW-15) have been examined before the trial Court and in cross-examination both these witnesses mentioned that when they reached the place of incident, accused persons ran away after committing the alleged

[2023:RJ-JD:43515]

[CRLMB-10815/2023]

(2 of 2)

crime, therefore, they could not identify the accused persons. The accused-petitioner is in judicial custody since 19.11.2019 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accusedpetitioner.

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Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Rahul Dagoriya @ Rahul Arya S/o Kundan Harizan, shall be released on bail in connection with FIR No.163/2019 of Police Station Shakkergarh, District Bhilwara, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of 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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(MANOJ KUMAR GARG),J

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116-raksha/-

Rahul Dagoriya @ Rahul Arya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rahul Dagoriya @ Rahul Arya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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