Allowed

Bhanwarlal v. State of Rajasthan

Rajasthan HC18 May 2023CRLMB/734/2023

Case brief

AI extract

What is this about?

High Court of Rajasthan at Jodhpur allowed bail application for three petitioners arrested under Section 439 Cr.P.C. in a murder case. The court accepted the application noting that four witnesses have turned hostile, permitting release on bail with personal bonds of Rs.1 lakh and sureties.

What did the court decide?

Petitioners released on bail with personal bonds of Rs.1,00,000 each and sureties of Rs.50,000 each on satisfaction of trial court until trial completion.

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

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[2023/RJJD/016142]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 734/2023

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Bhanwarlal S/o Champalal, Aged About 33 Years, R/o Village Chadawas, Tehsil Bidasar, District Churu. (Presently Lodged At Sub Jail, Sujangarh, District Churu)

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Kunnaram S/o Bijuram, Aged About 22 Years, R/o Village Chadawas, Tehsil Bidasar, District Churu. (Presently Lodged At Sub Jail, Sujangarh, District Churu)

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Hansraj S/o Nathuram, Aged About 24 Years, R/o Village Chadawas, Tehsil Bidasar, District Churu. (Presently Lodged At Sub Jail, Sujangarh, District Churu)

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----Petitioners

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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. Pankaj Kumar Gupta For Respondent(s) : Mr. Arun, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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18/05/2023

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The present bail application has been filed on behalf of the petitioners under Section 439 Cr.P.C, who have been arrested in connection with FIR No.122/2021, Police Station Chhapar, District Churu for the offences punishable under Sections 302 and 34 of the IPC.

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Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. It is submitted that in the present case, the learned trial court recorded statements of complainant Birbal (PW-1), who happens to be the brother of the deceased, Chhotu Ram (PW-2), Saroj

[2023/RJJD/016142]

[CRLMB-734/2023]

(2 of 2)

(PW-3), and Rami (PW-4) and all of them have turned hostile. It is submitted that the petitioners are behind the bars since long and the trial of the case would take time. Therefore, it is prayed that the petitioners may be enlarged on bail.

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Per contra, learned Public Prosecutor opposed the bail application. It is submitted that though the aforesaid witnesses have turned hostile, but PW-5 Om Prakash son of complainant Birbal has stated that petitioners have committed the offence alleged against them.

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Having heard the parties and looking to the facts and circumstance of the case and more particularly the fact that four witnesses have turned hostile, without expressing any opinion on merits and demerits of the case, this Court is of the opinion that bail application deserves to be accepted. 5. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Bhanwarlal S/o Champalal, (2) Kunnaram S/o Bijuram and (3) Hansraj S/o Nathuram shall be released on bail in connection with FIR No. 122/2021 , Police Station Chhapar, District Churu provided they execute personal bonds in a sum of Rs.1,00,000/- each with two sound and solvent surety of Rs.50,000/- to the satisfaction of learned trial court for 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.

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(MADAN GOPAL VYAS),J

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6-CPGoyal/-

Bhanwarlal v. State of Rajasthan

Case brief

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Bhanwarlal v. State of Rajasthan

Case brief

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