Bail application for arrest in a murder FIR where the head-injury allegation was levelled against a juvenile co-accused; court granted bail without expressing opinion on merits.
Petitioner released on bail on furnishing personal bond Rs 50,000 and two sureties of Rs 25,000 each to trial court's satisfaction.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1075/2024
Rajuram S/o Bhanwara Ram, Aged About 31 Years, R/o Mandwara, Teh Riya Badi, Dist Nagaur. (Lodged In Sub Jail, Merta)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Sachin Saraswat |
|---|---|
| For Respondent(s) | : Mr. A.R. Choudhary,PP |
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
01/03/2024
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.188/2023, registered at Police Station Padukallan, District Nagaur, for offences under Sections 302, 201/34 of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the present petitioner has not been named in the FIR. It was contended that there are no eye witnesses of the incident and there is no incriminating evidence available on record to show the involvement of the present petitioner in commission of the alleged crime.
Drawing attention of the Court towards the FIR and the charge-sheet, learned counsel for the petitioner submitted that
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specific allegation of inflicting head injury upon the deceased with an axe has been levelled against the Juvenile ‘S’.
Learned counsel further submitted that the weapon allegedly used in commission of the alleged crime viz. axe has also been recovered at the instance of co-accused namely Juvenile ‘S’. Learned counsel for the petitioner submitted that the co-accused persons namely Sapna and Ashok have already been enlarged on bail by this Court vide order dated 10.01.2024 (S.B. Criminal Miscellaneous Bail Application Nos. 15304/2023 and 13685/2023) respectively.
Learned counsel submitted that the case of present petitioner is not distinguishable from that of the co-accused persons namely Sapna and Ashok, who have already been enlarged on bail by this Court. It was thus contended that since the present petitioner is in judicial custody; challan against him already have been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Per Contra, l earned Public Prosecutor has opposed the bail application and submitted that looking to the seriousness of the accusations levelled against the present petitioner, he does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that the co-accused persons namely Sapna and Ashok, have already been enlarged on bail by this Court.
Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that specific allegation of infliction of head injury upon the deceased
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with a sharp weapon- axe has been levelled against the Juvenile ‘S’. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the accused-petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Rajuram S/o Bhanwara Ram, arrested in connection with F.I.R. No.188/2023, registered at Police Station Padukallan, District Nagaur, 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.
(KULDEEP MATHUR),J
11-himanshu/-
1 issue framed by the court
Whether petitioner Rajuram should be enlarged on bail under Section 439 CrPC given allegations against co-accused and prior bail grants to co-accused.
2 provisions across 2 enactments
Rajuram S/o Bhanwara Ram
State of Rajasthan, through PP
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
