Single judge allowed bail to petitioner facing murder and assault charges. Court noted conflicting prosecution statements and held the onus to explain the conflict lies with the prosecution, directing release on bond.
Petitioner directed to be released on bail on Rs. 25,000 with two sureties of like amount along with standard conditions.
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-JP:26525]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 211/2023
Kaluram S/o Ramlal, Aged About 30 Years, R/o Gram Hajipura, Police Station Piplu, Tehsil Piplu, District Tonk, Rajasthan (Presently Confined In Central Jail Tonk)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Sunil Tyagi with Mr. Aman Ali For Respondent(s) : Mr. S.S. Mehla, PP Mr. Ravindra Singh Shekhawat Mr. Jitendra Choudhary Ms. Zeenat Khan
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
04/10/2023
[2023:RJ-JP:26525]
[CRLMB-211/2023]
(2 of 3)
is in custody since 27.03.2022. The informant has already been examined during trial and he improved the prosecution case by stating that some other accused had caught Gogaram and thereafter, the petitioner caused head injury. Another injured witness- Sunil (PW-6) has stated that the petitioner had assaulted with iron rod to Gogaram and Ramdhan @ Dinesh @ Dhanna had assaulted with lathi causing injury at the head of Gogaram, whereas doctor has found single injury. It is duty of the prosecution to explain the conflict which creates doubt on the prosecution case.
(3 of 3)
[2023:RJ-JP:26525]
[CRLMB-211/2023]
provided that he furnishes a bail bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with two sureties of like amount to the satisfaction of the learned trial court with following conditions :-
(i) the petitioner shall fully co-operate in the trial, failing which, the trial judge would be at liberty to cancel the bail bonds of the petitioner. (ii) the petitioner shall not leave the Country without permission of the Court otherwise it would amount to disobedience of the order of this Court and would be a ground for cancellation of bail.
(iii) the petitioner shall not tamper with the evidence.
(BIRENDRA KUMAR),J
Ashish Kumar /43
2 issues framed by the court
Whether the petitioner should be granted bail given conflicting witness statements in the FIR.
Whether the direct allegation against the petitioner warrants refusal of bail.
1 provisions across 1 enactments
Kaluram S/o Ramlal
State Of Rajasthan
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
