Bench allowed bail to accused-petitioner under Section 439 Cr.P.C. in a murder-by-compulsion and criminal intimidation case. Court framed no opinions on merits but deemed it just to enlarge petitioner on personal bond with sureties.
Enlargement of accused-petitioner on bail via personal bond of Rs. 50,000/ with two sureties of Rs. 25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:9521]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1959/2024
Krishan S/o Laxminarayan, Aged About 19 Years, R/o Village Bichgawa, Tehsil Laxmangarh, District Alwar. (Presently Accused Confined In Central Jail, Alwar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kapil Gupta For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
26/02/2024
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 834/2023 registered at Police Station Aravali Vihar District Alwar for the offences under Sections 306 and 506 of IPC.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated under Section 306 of IPC. Initially complaint was lodged under Sections 302 and 120B of IPC and later on police has filed charge-sheet under Sections 306 and 506 of IPC. He further submits that there is no direct evidence that the accused-petitioner was harassing the deceased and instigated the deceased to commit suicide. He also submits that the chargesheet has already been produced before the trial court. He further submits that the petitioner is a young boy of 22 years and the
[CRLMB-1959/2024]
[2024:RJ-JP:9521]
(2 of 2)
petitioner & deceased were having friendly relationship. Investigation/Trial of the case may take considerable time. Therefore the bail application of the petitioner may be allowed.
Per contra, learned Public Prosecutor opposes the grant of bail application.
Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Krishan S/o Laxminarayan in connection with FIR No. 834/2023 registered at Police Station Aravali Vihar District Alwar 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 concerned on all the dates of hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J
131-Mohit
2 issues framed by the court
Whether the accused-petitioner is eligible for bail under Section 439 Cr.P.C. in a case involving charges of compelling suicide and criminal intimidation.
Whether the petitioner's age and the nature of the allegations warrant grant of bail pending investigation and trial.
1 provisions across 1 enactments
Krishan S/o Laxminarayan
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
