Allowed

Fathe Singh v. State of Rajasthan

Rajasthan HC1 May 2023CRLMB/917/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the accused petitioner in a murder case where the Public Prosecutor opposed the application. The court found merit in the petitioner's submission that key prosecution witnesses had recorded statements with contradictions and omissions, noting the petitioner's case paralleled that of co-accords already on bail.

What did the court decide?

Petitioner released on bail on executing a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/each to the satisfaction of the trial court.

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

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[2023/RJJD/012790]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 917/2023

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Fathe Singh S/o Shri Kanni Ram @ Kana Singh, Aged About 38 Years, R/o Gatera, Ps - Kotwali Nimbahera, District Chittorgarh, Rajasthan. (Presently Lodged At Sub Jail Nimbahera)

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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. Zafar Khan For Respondent(s) : Mr. Vikram Sharma, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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01/05/2023

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The petitioner has been arrested in connection with FIR No.102/2021 of Police Station Nimbahera, District Chittorgarh for the offence punishable under Sections 147, 149, 342, 302/149, 201/149 of IPC. He has preferred this second bail application under Section 439 Cr.P.C.

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The first bail application was dismissed by this Court vide order dated 22.09.2022 as not pressed with liberty to file afresh after recording the statement of Sandeep Kumar and Ghanshyam.

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Counsel for the petitioner submits that statements of Sandeep Kumar and Ghanshyam have been recorded and there are material contradictions, improvement and omissions in their statements. Furthermore, other co-accused have already been enlarged on bail by this Court and the case of present petitioner is similar. According to antecedent report also, 20 cases were registered against him. Out of which, he has been acquitted in 16

[2023/RJJD/012790]

[CRLMB-917/2023]

(2 of 2)

cases. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

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Learned Public Prosecutor opposed the bail application.

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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 accused petitioner under Section 439 Cr.P.C.

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Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Fathe Singh S/o Shri Kanni Ram @ Kana Singh shall be released on bail in connection with FIR No.102/2021 of Police Station Nimbahera, District Chittorgarh, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/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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(MANOJ KUMAR GARG),J

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151-raksha/-

Fathe Singh v. State of Rajasthan

Case brief

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Fathe Singh v. State of Rajasthan

Case brief

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