Allowed

Amar Singh Son of Bhoru Lal v. State of Rajasthan

Rajasthan HC27 Jul 2023CRLMB/1206/2023

Case brief

AI extract

What is this about?

This court allowed a bail application filed by a petitioner implicated in a murder offence. The sole eye witness was declared hostile, and there was no specific allegation against the petitioner regarding causing injury. The petitioner was ordered to furnish a personal bond and sureties.

What did the court decide?

Petitioner released on bail on securing a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Amar Singh Son of Bhoru Lal Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 1206/2023

¶3

Amar Singh Son Of Bhoru Lal, Resident Of Railway Station, Neemoda, Police Station Sapotra, District Karauli (Rajasthan). (Presently Confined In Jail At Karauli)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through PP

¶7

----Respondent

¶8

For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. S.K. Mahala, PP

¶9

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

¶10

Order

¶11

27/07/2023

¶12

Petitioner has filed this bail application under Section 439 of Cr.P.C.

¶13

F.I.R. No.353/2022 was registered at Police Station Sapotra, District Karauli for offences under Sections 302, 147, 148 & 149 of IPC. Later on, police filed charge-sheet for offence under Section 302/34 of IPC.

¶14

It is contended by counsel for the petitioner that petitioner has falsely been implicated in this case. It is further contended that sole eye witness Dev Kumar Sharma has been declared hostile during the course of trial. As per the prosecution story, injuries were caused by co-accused Ramsingh by axe and the same has been recovered at the instance of co-accused. It is further contended that there is no allegation against the petitioner of causing any injury to the deceased and he has been implicated

¶15

(2 of 2)

¶16

[CRLMB-1206/2023]

¶17

in this case only on the fact that he is brother of co-accused Ram Singh. It is further contended that petitioner is in custody since long. Trial is likely to consume time.

¶18

Learned Public Prosecutor has opposed the bail application and submits that the petitioner was present at the place of incident.

¶19

I have considered the contentions.

¶20

Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for both the parties and the fact that there is no allegation against the petitioner of causing any injury to the deceased and the sole eye witness has been declared hostile, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the petitioner on bail.

¶21

This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

¶22

(ANIL KUMAR UPMAN),J

¶23

CHARU SONI /45

Amar Singh Son of Bhoru Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Amar Singh Son of Bhoru Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rakesh Kumar Dhanka S/O Shri Uday Chand Dhanka B/C Dhanka Vs State of Rajasthan

Rajni Kant Agrawal Son of Shri Dinesh Chandra Agrawal, Vs State of Rajasthan

Sumir Chawla Son of Shri Satinder Kumar, Vs State of Rajasthan

Gopal Singh Son of Shri Parvat Singh Vs State of Rajasthan

Dharmendra Singh Son of Shri Ramesh Vs State of Rajasthan

Guddibai Wife of Ghanshyam Vs State of Rajasthan