Allowed

Nandlal @ Nandkar S/O Shri Jagdish Prasad v. State of Rajasthan

Rajasthan HC12 Sept 2023CRLMB/2535/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed two connected bail applications filed under Section 439 Cr.P.C. for offences of kidnapping and culpable homicide arising from the same FIR. The court noted insufficient material against the petitioners and the length of their custody, granting bail subject to standard conditions.

What did the court decide?

Petitioners to be released on bail of Rs. 25,000 each with two sureties of like amount, subject to conditions of cooperation, not leaving the country, and not tampering with evidence.

Nandlal @ Nandkar S/O Shri Jagdish Prasad Vs… — Murder and Culpable Homicide | Rajasthan HC (2023)

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[2023:RJ-JP:22327]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10709/2022

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Sohanlal S/o Shri Bhagirath, Aged About 23 Years, R/o Village Aloda, P/s Khatu Shyam Ji Dist. Sikar (Raj) (Presently In District Jail At Sikar, District Sikar (Raj.))

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 2535/2023 Nandlal @ Nandkar S/o Shri Jagdish Prasad, Aged About 45 Years, R/o Village Aaloda, Police Station Khatushyamji, District Sikar (Raj.) (At Present Confined In District Jail Sikar)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Rajneesh Gupta Mr. Anil Kumar For Respondent(s) : Mr. S.S. Mahala, PP Mr. Sandeep Pathak

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HON'BLE MR. JUSTICE BIRENDRA KUMAR

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Order

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12/09/2023

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Heard the parties.

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These Criminal Misc. Bail Applications have been brought under Section 439 of Cr.P.C. in connection with FIR No.400/2019 registered with Police Station Ranoli, District Sikar for offences under Sections 365 and 323 of I.P.C. Since both these cases arise

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out of the same FIR, they are decided by this common order.

[2023:RJ-JP:22327]

[CRLMB-10709/2022]

(2 of 3)

The FIR would reveal that the informant, who is brother of the deceased Ganpat Lal, is not an eye witness of the incident rather, he got information from Suresh Chopra that the FIR named persons including the petitioners and some unknown persons had kidnapped Ganpat Lal in the night of 22.10.2019. Statement of Suresh Chopra was recorded by the police under Section 161 Cr.P.C. and by the Magistrate under Section 164 Cr.P.C. but in none of the statements Suresh stated that he had seen the incident or involvement of the petitioners. There is a CCTV footage description of the place of incident which was marked as Ex.P-67 during the trial and that footage also does not reveal that the petitioners were present at the time of incident.

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Learned counsel for the petitioners submits that the petitioners are in custody since 23.02.2020 and 08.08.2020 respectively. Out of 34 cited witnesses, only 10 prosecution witnesses have been examined up till now.

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Learned counsel for the informant opposed the prayer for bail and contends that this is a double murder case. PW-2 Jagdish in his deposition, recorded on 30.11.2021, has stated that he had seen the CCTV footage which would reveal the presence of the petitioners also along with the miscreants. This statement of PW-2 was confronted with his police statement by the accused persons. 5. Considering the lack of sufficient material against the petitioners for the purpose of consideration of prayer for bail as well as considering the period already undergone by them and no chance of early conclusion of the trial, the instant bail applications are allowed.

(3 of 3)

[2023:RJ-JP:22327]

[CRLMB-10709/2022]

It is directed that the above-named petitioners be released on bail in the aforesaid FIR if they are not wanted in any other case, provided that each of them 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 court below with following conditions :-

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(i) the petitioners shall fully co-operate in the trial, failing which, the trial judge would be at liberty to cancel the bail bonds of the petitioners.

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(ii) the petitioners 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 petitioners shall not tamper with the evidence.

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(BIRENDRA KUMAR),J

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RAJAT/20-21

Nandlal @ Nandkar S/O Shri Jagdish Prasad v. State of Rajasthan

Case brief

What is this about?

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Nandlal @ Nandkar S/O Shri Jagdish Prasad v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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