The High Court granted bail to the accused-petitioner charged with murder and dacoity, allowing release against a personal bond of Rs.50,000 with two sureties, noting that prosecution witnesses had not supported the prosecution story.
Petitioner enlarged on bail on personal bond of Rs.50,000 with 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/RJJD/018331]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2734/2022
Balram @ Lucky S/o Late Shri Sohan Lal, Aged About 32 Years, Adopted S/o Late Shri Sohan Lal, R/o Panchu, Tehsil Nokha, District Bikaner (Raj.) (In Judicial Custody At Central Jail, Bikaner)
----Petitioner
| Versus |
|---|
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr.J.S.Choudhary Sr.Advocate with |
|---|---|
| Mr.Pradeep Choudhary, Mr.Sampatti Choudhary. |
|
| For Respondent(s) | : Mr.Mahipal Bishnoi, P.P. with |
| Mr.Chetan Prakash Marwan. |
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
30/05/2023
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.142/2021 registered at Police Station Panchu, District Bikaner, for offences under Sections 302 and 201 IPC.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that deceased Prerna was in a live-in relationship with the petitioner since 23.6.2021, residing at village Panchu. Learned counsel submitted that on 25.8.2021, deceased was boiling milk which fell upon her body and as a result whereof, she received burn injuries. The deceased while undergoing treatment died on 26.8.2021. Learned counsel submitted that
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[CRLMB-2734/2022]
(2 of 3)
though a charge-sheet for offences under Sections 302, 34 IPC against the petitioner has been filed. However, neither there is any eye-witness of the incident nor is there any direct/circumstantial evidence available on record indicating that the petitioner killed/murdered the deceased. Drawing attention of the Court towards statements of Omprakash Tiwari (P.W.1), Prakash Chand (P.W.2), Prashant (P.W.6) brother of the deceased and Giriraj (P.W.7) father of the decesed recorded before competent criminal court, learned counsel submitted that these witnesses have not supported the prosecution story and therefore, the chances of petitioner being convicted in the present case are very bleak.
Lastly, learned counsel for the petitioner submitted that the entire prosecution story has been developed on the basis of the narration of the incident by one Sarla Devi. However, neither the statements of Sarla Devi have been recorded under Section 161 Cr.P.C. nor has she been included in the list of prosecution witnesses. Learned counsel submitted that the petitioner is in custody since 27.8.2021 and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Per contra, learned Public Prosecutor opposed the bail application. However, he was not in a position to dispute the fact that the star witnesses of the case have not supported the prosecution story in their testimonies recorded before competent criminal court.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
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(3 of 3)
Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Balram @ Lucky S/o Late Shri Sohan Lal shall be enlarged on bail in connection with FIR No.142/2021 registered at Police Station Panchu, District Bikaner, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.
It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J
/tarun goyal/ Sr.No.5
2 issues framed by the court
Whether the accused petitioner, arrested for murder, is entitled to bail under Section 439 Cr.P.C.
Whether the prosecution witnesses failed to support the prosecution story prior to bail grant.
1 provisions across 1 enactments
Balram @ Lucky
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
