Allowed

Monu S/O Samrat v. State of Rajasthan

Rajasthan HC1 Jun 2023CRLMB/3960/2023

Case brief

AI extract

What is this about?

The High Court allowed the second bail application filed under Section 439 Cr.P.C. The petitioner was held behind bars for three years in connection with offences under Sections 143, 341, 323, and 307 IPC. The court considered the coordinate bench's order allowing bail to the co-accused Chetan and the turning hostile of the principal eyewitness.

What did the court decide?

Petitioner admitted to regular bail subject to satisfaction of the trial Court.

Monu S/O Samrat Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 3960/2023

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Monu S/o Samrat, R/o Sanjay Colony, Gaungher Naya Talab, Jhalawar, Police Station Kotwali Jhalawar District Jhalawar (Raj.) ( At Present In Distt. Jail Jhalawar)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p

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----Respondent

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For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. S.K. Mahla, PP

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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01/06/2023

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The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 372/2020 Registered at Police Station Kotwali, Jhalawar, District Jhalwar for the offence(s) under Sections 143, 341, 323, 307 of I.P.C.

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Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that the bail application filed on behalf of the similarly situated coaccused person-Chetan has already been allowed by the Coordinate Bench of this Court vide order dated 26.05.2023 passed in S.B. Criminal Misc. 3^rd Bail Application No.6381/2023. Counsel further submits that the petitioner is behind the bars for last about three years and the statement of only nine witnesses

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(2 of 2)

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[CRLMB-3960/2023]

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have been recorded. Counsel further submits that the principal eye witness including complainant has turned hostile.

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Learned Public Prosecutor has opposed the bail application.

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Considering the material on record and taking into account the facts and circumstances of the case and considering the period of custody and considering the fact that the co-accused personChetan has already been released on bail by the Coordinate Bench of this Court and also considering the fact that the principal eyewitness including complainant has turned hostile and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.

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(INDERJEET SINGH),J

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JYOTI /176

Monu S/O Samrat v. State of Rajasthan

Case brief

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Monu S/O Samrat v. State of Rajasthan

Case brief

What is this about?

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