Allowed

Ashok v. State of Rajasthan

Rajasthan HC20 Apr 2023CRLMB/4255/2023

Case brief

AI extract

What is this about?

This order grants bail to the petitioner, who is in custody for offences under Sections 147, 148, 341, 323, and 302 IPC. The High Court allowed the bail application under Section 439 Cr.P.C., noting a prior co-ordinate bench decision freeing a co-accused, without commenting on the merits of the case.

What did the court decide?

Petitioner shall be released on bail in a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each pending trial.

Ashok Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2023)

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[2023/RJJD/011096]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4255/2023 Ashok S/o Sohan Lal, Aged About 29 Years, R/o Behind Fort Ward No. 2 Phalodi Dist. Jodhpur Raj. (At Present Lodged In Central Jail Jodhpur)

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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. Roshan Lal For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

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20/04/2023

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant who is in custody in connection with FIR No.53/2021 of Police Station Phalodi, District Jodhpur for the offences punishable under Sections 147, 148, 341, 323, 302/149 IPC.

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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Learned counsel for the petitioner submits that eyewitnesses PW-2-Ganesh, PW-3 Ravi, PW-4 Ashok, PW-5 Shyam Sunder before the trial court have not supported the prosecution story and turned hostile. PW-1 Tarachand in his cross-examination has narrated that the injuries sustained by Kishore were on account of the motorcycle having slipped. It is further submitted that the injury of the deceased is attributed to the accused Amit and the allegation against the petitioner are omnibus in nature. It

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[2023/RJJD/011096]

[CRLMB-4255/2023]

is further submitted that petitioner is in judicial custody and trial of the case will take sufficient long time to conclude, therefore, his bail application may be allowed.

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Learned Public Prosecutor opposes the grant of bail application.

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Having regard to the rival contentions of learned counsel for the parties and in the facts and circumstances of the case and looking to the fact that co-accused Prakash has already been enlarged on bail by co-ordinate Bench of this Court in SB Criminal misc. Bail application No.15661/2022 vide order dated 29.03.2023 and case of the petitioner is not distinguishable from that of coaccused person, without commenting on the merits, the bail application of the petitioner under Section 439 Cr.P.C. deserves to be allowed.

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Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ashok S/o Sohan Lal shall be released on bail in connection with FIR No.53/2021 of Police Station Phalodi, District Jodhpur provided he executes a personal bond in a sum of Rs.1,00,000/- (Rupees One Lac Only) with two sound and solvent sureties of Rs.50,000/(Rupees Fifty Thousand Only) each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(PRAVEER BHATNAGAR),J

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179-Taruna/-

Ashok v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashok v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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