Allowed

Sitaram v. State of Rajasthan

Rajasthan HC1 May 2023CRLMB/74/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by an accused arrested for murder. The court accepted the application based on weaknesses in the prosecution case where key witnesses turned hostile, without expressing any opinion on the merits of the charge.

What did the court decide?

Petitioner released on bail on personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to trial court.

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

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 74/2023

¶3

Sitaram S/o Kishanlal, aged about 35 Years, B/c Bhil, R/o Eklingpura P.S. Rawatbhatta, District Chittorgarh. (At present lodged in Jail, Chittorgarh).

¶4

----Petitioner

¶5

Versus

¶6

State of Rajasthan, through P.P.

¶7

----Respondent

¶8

For Petitioner(s) : Mr. S.K. Verma For Respondent(s) : Mr. Arun Kumar, P.P.

¶9

HON'BLE MR. JUSTICE KULDEEP MATHUR

¶10

Order

¶11

01/05/2023

¶12

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.121/2021, registered at Police Station Rawatbhata, District Chittorgarh for the offence under Section 302 IPC.

¶13

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

¶14

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case on the basis of the statements of eye-witnesses Nandlal (P.W.7), Durga Lal (P.W.8) and Bachu Lal (P.W.9). Learned counsel further submitted that eye-witnesses namely Nandlal (P.W.7), Durga Lal (P.W.8) and Bachu Lal (P.W.9). have not supported the prosecution story before the competent criminal court and thus, have been declared hostile. Learned counsel further submitted that even the

¶15

[CRLMB-74/2023]

¶16

(2 of 2)

¶17

complainant Kishan (P.W.1) has not supported the prosecution story before the competent criminal Court. Learned counsel submitted that in view of the aforesaid statements before the competent criminal Court, the chances of the petitioner being convicted in the present case are very bleak. The petitioner is in judicial custody and the trial of the case will take sufficiently long time and therefore, the benefit of bail should be granted to the accused-petitioner.

¶18

Per contra, learned Public Prosecutor has opposed the bail application.

¶19

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

¶20

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner - Sitaram S/o Kishanlal arrested in connection with F.I.R. No.121/2021, registered at Police Station Rawatbhata, District Chittorgarh shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

¶21

(KULDEEP MATHUR),J

¶22

31-Ravi Kh/-

Sitaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sitaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhawani Singh @ Pinnu Kachawa Vs State of Rajasthan

Dungar Ram Vs State of Rajasthan

Narayan Vs State of Rajasthan

Sunil Sharma Vs State of Rajasthan

Vikas Vs State of Rajasthan

Hanumanram Vs State of Rajasthan