Allowed

Lekhraj Son of Sukaram, v. State of Rajasthan

Rajasthan HC20 Sept 2024CRLMB/11075/2024

Case brief

AI extract

What is this about?

The High Court allowed the second bail application for an accused facing charges under Sections 302 and 34 IPC, noting that key prosecution witnesses had turned hostile and the trial was likely to take considerable time. Bail was granted subject to furnishing a personal bond and sureties.

What did the court decide?

Acc released on bail upon furnishing personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Lekhraj Son of Sukaram, Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:39834]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Second Bail Application No. 11075/2024

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Lekhraj Son Of Sukaram, Resident Of Bargama, Police Station Sadar Hindaun, District Karauli, Raj. ( At Present In Sub Jail Hindaun City, Karauli ).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s) : Mr. Vikram Singh Chauhan For Respondent(s) : Ms. Aarti Sharma, PP

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HON'BLE MR. JUSTICE GANESH RAM MEENA Judgment / Order

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20/09/2024

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Petitioner has filed this second bail application under Section 483 B.N.S.S. arising out of F.I.R. No.539/2022 registered with the Police Station Sadar Hindaun, District Karauli for offence under Sections 302 & 34 of IPC.

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The first bail application bearing No.8609/2024 (Lekhraj Vs. State of Raj.) was dismissed as withdrawn by this Court vide order dated 22.07.2024 with liberty to file fresh bail application after examination of the Investigating Officer- Ram Chandra.

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Counsel for the petitioner submits that certain material witnesses have been examined before the trial Court. Counsel further submits that PW-1- Mangal, PW-2- Ravi & PW-3- Sanju

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during their examination before the trial Court, have not supported the prosecution story and they have been declared hostile. Counsel further submits that the Investigating Officer has already been examined as PW-8. Counsel further submits that the accused-petitioner is in custody for more than one year and till date, eight witnesses out of nineteen witnesses have been examined and trial of the case is likely to take considerable time to conclude, therefore, he pleads that the petitioner may be enlarged on bail.

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Learned Public Prosecutor has vehemently opposed this second bail application.

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Considered the submissions made by counsel for the petitioner as well as the learned Public Prosecutor.

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Having considered the submissions made at bar so also the fact that material collected during investigation and further evidence of the witnesses recorded during investigation before the trial Court and more particularly that the material witnesses PW-1, PW-2 & PW-3 have turned hostile, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the petitioner on bail.

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This second bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before

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that Court or any other Court to which the matter is transferred,

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on all subsequent dates of hearing and as and when called upon to

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do so.

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(GANESH RAM MEENA),J

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ARTI SHARMA /38

Lekhraj Son of Sukaram, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Lekhraj Son of Sukaram, v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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