This order grants bail to two petitioners charged under the IPC in connection with FIR No.460/2021. The court observed that complainant and eye-witness statements do not name the petitioners and ordered their release on personal bond with sureties.
Petitioners enlarged on bail on furnishing personal bond of Rs.50,000/- each with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:34144]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10842/2023
Kishore Singh S/o Laxman Singh Rawat, Aged About 23 Years, R/o Bigdawato Ka Badiya, Lalpura, Police Station Bheem, District Rajsamand. (At Present Lodged In District Jail, Rajsamand)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 1135/2023 Prahalad Singh S/o Bhanwar Singh, Aged About 21 Years, Do Kudi Dungaji Ka Gaon, At Present Ajitgarh, P.s. Bhim, Dist. Rajsamand. (Presently Lodged In Dist. Jail, Rajsamand).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mohd. Rasheed |
|---|---|
| Mr. Awar Dan Ujjwal | |
| For Respondent(s) | : Mr. Arun Kumar,PP |
HON'BLE MR. JUSTICE KULDEEP MATHUR Order
10/10/2023
The instant bail applications have been filed by the petitioners under Section 439 Cr.P.C. in connection with FIR No.460/2021 registered at Police Station Bheem, District Rajsamand, for the offences under Sections 143, 149, 341, 323 and 302 of IPC.
Learned counsel for the petitioners submitted that the petitioners have not been named in the FIR. Learned counsel
[2023:RJ-JD:34144]
[CRLMB-10842/2023]
(2 of 3)
submitted that statements of the complainant have been recorded before the competent criminal court as PW-1. Learned counsel submitted that PW-1 in his Court’s statements has not named the present petitioners.
Drawing attention of the Court towards the statements of eye witnesses namely Dharmendra (PW-5), Mohd. Khalid (PW-2) and Roshan (PW-6) recorded before competent criminal court, learned counsel for the petitioners submitted that eye witness (PW-5) in his Court’s statements has also not named the present petitioners. Another eye witness Mohd. Khalid has not supported the prosecution story and has turned hostile. Learned counsel submitted that statements of material eye witness have already been recorded before the competent criminal court. It was lastly submitted that the petitioners are in judicial custody since 30.09.2021 and the trial of the case will take sufficiently long time and no useful purpose would be served by keeping them behind the bars and therefore, benefit of bail may be granted to the petitioners.
Per contra, learned Public Prosecutor has opposed the bail application but he was not in a position to refute the fact that statements of material eye witnesses have already been recorded before the competent criminal court and the complainant and eye witness have not been named the present petitioners as assailants.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and circumstances of the case so also the fact that the statements of
[2023:RJ-JD:34144]
[CRLMB-10842/2023]
(3 of 3)
material eye witnesses have already been recorded before the competent criminal court and the complainant and eye witness have not been named the present petitioners as assailants and looking to the possibility that the trial may take long time to conclude, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.
Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners- (1).Kishore Singh S/o Laxman Singh Rawat and (2).Prahalad Singh S/o Bhanwar Singh, shall be enlarged on bail in connection with FIR No.460/2021 registered at Police Station Bheem, District Rajsamand, provided they furnish a personal bond in the sum of Rs.50,000/- each with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(KULDEEP MATHUR),J
56 and 58-KshamaD/-
1 issue framed by the court
Whether the petitioners are entitled to bail on the ground that eye-witness statements have been recorded without naming them and the trial may take a long time.
1 provisions across 1 enactments
Kishore Singh S/o Laxman Singh Rawat
Prahalad Singh S/o Bhanwar Singh
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
