The High Court allowed the bail application filed by the accused, granting release upon furnishing a personal bond and two sureties, considering the complainant turned hostile during trial.
Release on bail by furnishing personal bond of Rs.50,000 and two sureties of Rs.25,000 each.
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/RJJP/006653]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1099/2023 Rajkumar @ Monu S/o Dulichand, Aged About 22 Years, R/o Bardi Ka Chabutra Jhalrapatan District Jhalawar (At Present Confined In District Jail, Jhalawar (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
13/04/2023
This bail application has been filed by the accused-petitioner under Section 439 of the Cr.P.C. in connection with FIR No.220/2022, registered at Police Station Jhalarapatan, District Jhalawar for the offences under Sections 307, 323, 147, 148 and 149 of IPC and later on for the offences under Sections 307, 323, 147, 148, 149, 325, 120-B of IPC and Section 3/25 of Arms Act.
Heard learned counsel for the accused-petitioner and learned Public Prosecutor and also perused the material available on record.
Learned counsel for the accused-petitioner submitted that the accused-petitioner has falsely been implicated in this case. Learned counsel further submitted that in the present FIR, the complainant Rajkumar @ Raja Babu has named the present petitioner as accused, who had caused gunshot injury to the injured. Learned counsel argued that the complainant has been
[2023/RJJP/006653]
[CRLMB-1099/2023]
(2 of 2)
examined as PW-1 during the trial, however he has turned hostile and stated that the present petitioner has not caused gunshot injury to him. Learned counsel further argued that the accusedpetitioner is behind the bars since 27.07.2022 and conclusion of the trial will take long time.
Learned Public Prosecutor vehemently opposed this bail application.
Having regard to the facts and circumstances of the case and considering the fact that the accused-petitioner is behind the bars since 27.07.2022 and also considering the fact that the complainant has turned hostile during his statement, but without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that this bail application filed by the petitioner deserves to be accepted.
Consequently, this bail application filed under Section 439 Cr.P.C. are allowed. It is ordered that accused-petitioner Rajkumar @ Monu S/o Dulichand, arrested in FIR No.220/2022, registered at Police Station Jhalarapatan, District Jhalawar shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/each to the satisfaction of the trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
(ASHUTOSH KUMAR), J
AARZOO ARORA /72
1 issue framed by the court
Whether the bail application filed under Section 439 Cr.P.C. by the accused should be allowed.
1 provisions across 1 enactments
Rajkumar @ Monu
State Of Rajasthan
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
