Dismissed

Ganesh Narayan Alias Ganesh S/O Late Shri Moolchand v. State of Rajasthan

Rajasthan HC1 Mar 2024CRLMB/11648/2023

Case brief

AI extract

What is this about?

This is a single judge order in a bail application under Section 439 Cr.P.C. The accused is charged with murder. The court rejected the bail application because the statement of a material prosecution witness, Lokesh, had not been recorded, preventing a proper assessment of the contradictions alleged by the petitioner's counsel.

What the court decided

AI extract

Ganesh Narayan Alias Ganesh S/O Late Shri… — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JP:10608]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 11648/2023

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Ganesh Narayan Alias Ganesh S/o Late Shri Moolchand, R/o F-195, Lal Kothi Yojana, Police Station Jyoti Nagar, Jaipur (Rajasthan) (At Present Confined In Central Jail, Jaipur (Raj.)

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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. Vishwas Sharma, Adv. ForRespondent(s) : Mr. Mahendra Meena, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order

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01/03/2024

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This bail application under Section 439 Cr.P.C. has been filed by petitioner in connection with FIR No.165/2022 registered at Police Station Jyoti Nagar, District Jaipur city (South) wherein he is charged for offences punishable under Section 302 of I.P.C.

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Learned counsel for the petitioner submits that as per the FIR lodged by the informant Ashok Mahawar, three witnesses namely, Santosh, Mahima, Lokesh were present at their home when the alleged incident took place. Counsel submits that on the basis of statements of these witnesses recorded under Section 161 Cr.P.C, the petitioner has been charge-sheeted for the offence punishable under Section 302 of IPC, wherein allegations have been levelled against the petitioner that he inflicted injury on the head of the deceased and caused her

[2024:RJ-JP:10608]

[CRLMB-11648/2023]

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murder. Counsel submits that after commencement of the trial, statements of two material witnesses i.e., Pw-1 Mahima and PW-7 Santosh have been recorded that, they have not seen the petitioner causing any injury on the deceased person. Counsel submits that there are several contradictions in their statements. Counsel submits that as there was no eye-witness of the incident, therefore, the petitioner be granted indulgence of bail.

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Per contra, learned Public Prosecutor opposed the bail application and stated that still one more witness namely Lokesh is yet to be examined and his statement also has not been recorded. Counsel submits that as per the case of the prosecution this one witness is also an eye-witness of the incident. Hence, at this stage the petitioner is not entitled to get the indulgence of bail.

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Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that the statements of the above material witness namely Lokesh has not been recorded, hence, at this stage, this Court is not inclined to entertain the bail application filed by the petitioner. Accordingly the same is rejected.

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However, the petitioner would be at liberty to renew his prayer for bail after recording of the statement of the material witness-Lokesh.

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Hence, the present bail application stands dismissed.

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(ANOOP KUMAR DHAND),J

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Diksha/9

Ganesh Narayan Alias Ganesh S/O Late Shri Moolchand v. State of Rajasthan

Case brief

What is this about?

What the court decided

Ganesh Narayan Alias Ganesh S/O Late Shri Moolchand v. State of Rajasthan

Case brief

What is this about?

What the court decided

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