The High Court of Rajasthan at Jodhpur considered a fifth bail application filed by an arrested individual alleged in a murder case. The Court granted bail under Section 439 Cr.P.C. directing release upon execution of a personal bond with sureties.
Bail granted with personal bond of Rs.50,000/- and 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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 5th Bail Application No. 348/2023
Bhupendra @ Bhanu S/o Rajkumar Yadav, Aged About 21 Years, R/o Yadav Mohalla Nathdwara Dist. Rajsamand (At Present Lodged In Dist. Jail Rajsamand)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mrs. Shanta Devi, petitioner’s mother, present in person For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
09/03/2023
Heard and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.123/2019 of Police Station Nathdwara, District Rajsamand for the offence(s) punishable under Section(s) 302, 201 and 120-B IPC. He/she/they has/have preferred this/these fifth bail application(s) under Section 439 Cr.P.C.
Mrs. Shanta Devi, petitioner’s mother, present in person has submitted that allegation levelled against the petitioner is to the effect that he helped the main co-accused Nitesh @ Raghu in disposing dead body of the deceased. It is further submitted that from the charge-sheet, it is clear that co-accused Nitesh @ Raghu has fired the gun shot, which resulted into death of Pradeep and at that time, the petitioner was not present at the scene of crime
[CRLMB-348/2023]
(2 of 2)
and he was later on called by the main accused. It is also submitted that the petitioner is in custody since 20.3.2019 and trial has not been completed against him till date. It is, thus, prayed that the petitioner may be enlarged on bail.
Learned Public Prosecutor has opposed the bail application(s).
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 petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these fifth bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) – Bhupendra @ Bhanu S/o Rajkumar Yadav shall be released on bail in connection with FIR No.123/2019 of Police Station Nathdwara, District Rajsamand provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
109-msrathore/-
1 issue framed by the court
Whether the petitioner is entitled to bail under Sections 302, 201, and 120-B IPC.
1 provisions across 1 enactments
Bhupendra @ Bhanu S/o Rajkumar Yadav
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
