Allowed

Nitesh Kumar @ Kaliya v. State of Rajasthan

Rajasthan HC9 Apr 2024CRLMB/113/2024

Case brief

AI extract

What is this about?

The High Court granted bail to an accused in a murder case, finding no direct evidence linking him to the commission of the crime and noting that the alleged involvement fell under the bailable offence of destroying evidence. The court allowed the application under Section 439 Cr.P.C. subject to furnishing a personal bond and sureties.

What did the court decide?

Enlarged on bail on furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Nitesh Kumar @ Kaliya Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2024)

¶1

[2024:RJ-JD:15741]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 113/2024 Nitesh Kumar @ Kaliya S/o Vinod Kumar, Aged About 28 Years, House No 142 Gali No. 3 Braham Colony Basanti Chowk, Near Bada Hanuman Mandir Sriganganagar, (Presently Lodged At Dist Jail Sriganganagar)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Pp

¶7

----Respondent

¶8

For Petitioner(s)	: Mr. Umesh Kant Vyas
For Respondent(s)	: Mr. Abhishek Purohit,AGA

¶9

HON'BLE MR. JUSTICE FARJAND ALI

¶10

Order

¶11

09/04/2024

¶12

The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are

¶13

tabulated herein below:

¶14

S.No.	Particulars of	the Case
1.	FIR Number	280/2023
2.	Concerned Police Station	Kotwali
3.	District	Sri Ganganagar
4.	Offences alleged in the FIR	Under Sections 34 of the IPC	302 and
5.	Offences added,if any	-
6.	Date of passing of impugned order	21.11.2023

¶15

It is contended on behalf of the accused-petitioner that no

¶16

case for the alleged offences is made out against the petitioner and he has been made an accused based on

(2 of 3)

[2024:RJ-JD:15741]

[CRLMB-14875/2023]

conjectures and surmises. There are no factors at play in the case at hand that may work against grant of bail to him and his further incarceration is not warranted.

¶21

Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

¶22

I have considered the submissions made by both the parties and have perused the material available on record. After going through the niceties of the matter, it is observed that there is no direct or indirect evidence showing any nexus of the petitioner with commission of murder of the deceased. At the worst, it can be said that he facilitated screening of offender and vanishing/ destroying the evidence of the crime. Section 201 IPC is a bailable offence thus, viewing from every aspect, this Court feels that this case is fit for granting bail. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

¶23

Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court

¶24

(3 of 3) [CRLMB-14875/2023]

¶25

[2024:RJ-JD:15741]

¶26

concerned on all the dates of hearing as and when called

¶27

upon to do so.

¶28

(FARJAND ALI),J

¶29

13-KshamaD/-

Nitesh Kumar @ Kaliya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nitesh Kumar @ Kaliya 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

Vikram Singh Vs State of Rajasthan

Amra Ram Vs State of Rajasthan

Udai Lal Gadri Vs State

Jagdish Vs State of Rajasthan

Harshit @ Happy Vs State of Rajasthan

Jagtar Singh Vs State of Rajasthan