Allowed

Dhula @ Dhuleshwar v. State of Rajasthan

Rajasthan HC9 Nov 2023CRLMB/13582/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to the petitioner accused of murder (IPC 302/325) under Section 439 Cr.P.C. The court noted that material witnesses had turned hostile and the trial would take a long time, deeming it just and proper to release the petitioner on a personal bond with sureties despite the aggrieved party not pressing the first application effectively. The decision was made wi

What did the court decide?

Petitioner released on bail on personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each appearing before the trial court.

Dhula @ Dhuleshwar Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2023)

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[2023:RJ-JD:38901]

[CRLMB-13582/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 13582/2023

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Dhula @ Dhuleshwar S/o Hurma Bhagora, Aged About 41 Years, R/o- Rampur (Mevada) P.s. Ramsagda Dist. Dungarpur. (At Present At Dist. Jail Dungarpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Praveen S/o Hurma, R/o- Rampur (Mewada) P.s. Ramsagda Dist. Dungarpur.

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----Respondents

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For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG assisted by Mr. Rajat Chhaparwal

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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09/11/2023

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The petitioner has been arrested in connection with FIR No.150/2022 of Police Station Ramsagda, District Dungarpur for the offence punishable under Sections 302, 325 IPC. He has preferred this second bail application under Section 439 Cr.P.C. The first bail application was dismissed as not pressed on 19.09.2023.

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Counsel for the petitioner submits that the material witnesses namely Smt. Manjula (PW-1), Kali (PW-2), Praveen (PW-3), Rama (PW-4), Laxmikant (PW-5), Jayantilal (PW-6), Kantilal (PW-7) & Vinod Kumar (PW-8) have been examined before the trial court and they have been declared hostile. The accused-petitioner is inside the jail since 18.10.2022 and the trial

[CRLMB-13582/2023]

[2023:RJ-JD:38901]

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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 has opposed the second 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 Dhula @ Dhuleshwar S/o Hurma Bhagora shall be released on bail in connection with FIR No.150/2022 of Police Station Ramsagda, District Dungarpur 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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80-MS/-

Dhula @ Dhuleshwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dhula @ Dhuleshwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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