Allowed

Sitaram @ Gyani S/O Shri Hiralal v. State of Rajasthan

Rajasthan HC23 Jul 2024CRLMB/1998/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed bail applications for two accused charged with murder and riots. The court relied on the absence of a test identification parade and the petitioners' denial of criminal intent while driving other accused, granting bail with sureties.

What did the court decide?

Bail granted; petitioners to furnish personal bond of Rs. 1,00,000/- each with two sureties of Rs. 50,000/- each.

Sitaram @ Gyani S/O Shri Hiralal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:30856]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1998/2024

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Sitaram @ Gyani S/o Shri Hiralal, Aged About 42 Years, R/o Ganoheda, Police Station Pushkar, Distt. Ajmer, Raj. (At Present Confined At District Jail, Dausa).

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 5223/2024 Shankar S/o Mukesh, Aged About 24 Years, R/o Biharipura, Police Station Kaladera, District Jaipur. (At Present Lodged In District Jail, Dausa).

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Pp

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----Respondent

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For Petitioner(s)	:	Mr. V.R. Bajwa, Sr. Advocate with Mr. Amar Kumar Mr. G.K. Sharma Mr. S. Gaharana
For Respondent(s)	:	Mr. Chandragupt Chopra, Public Prosecutor
		Mr. Ritesh Jain with
		Ms. Ishika Jain and
		Dr. Ramdev Arya for complainant

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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23/07/2024

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Both the bail applications have been filed by the petitioners under Section 439 Cr.P.C., arising out of F.I.R. No.633/2023, registered with the Police Station Kotwali Dausa, District Dausa for offences under Sections 147, 148, 149, 458, 323, 325, 427, 302 &

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120-B of IPC.

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[CRLMB-1998/2024]

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[2024:RJ-JP:30856] (2 of 4)

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Mr. V.R. Bajwa, Senior Advocate assisted by Mr. Amar Kumar, Advocate appearing for the petitioner- Shankar and Mr. S. Gaharana, Advocate appearing for the petitioner- Sitaram submit that the petitioners have been implicated in this case with the aid of Section 120-B of IPC. Counsels further submit that the allegations against the petitioners is that they took the other accused persons from Jaipur to the place of incident in their own vehicle and it has also come out during investigation that the other accused persons who were traveling in the vehicles of the petitioners were said to be going to celebrate the birthday of Sitaram Sarpanch and for worship at Mehandipur Balaji. Counsels further submit that the petitioners were not aware of the purpose for which the other accused persons were going with them. Counsels further submit that the petitioners have no criminal intention or motive to commit such an offence and they have been implicated in this case merely because they are only the driver/owner of the vehicle. Counsels further submit that the petitioners are unknown to the complainant and their family members. Counsels further submit that neither there is any cogent evidence against the petitioners nor any test identification parade of the petitioners was conducted during investigation. Counsels further submit that the petitioners are behind the bars for last more than six months, therefore, they may be released on bail.

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Learned Public Prosecutor appearing for the State assisted by Mr. Ritesh Jain, counsel appearing for the complainant have opposed the bail applications. They submit that all accused

[2024:RJ-JP:30856]

[CRLMB-1998/2024]

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persons including the petitioners gathered at Jaipur and from there they went to Dausa and commited the murder of the deceased. They further submit that the petitioners have fully participated in the conspiracy in committing the offence and therefore, they do not deserve any liberty.

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Considered the submissions made by learned Public Prosecutor as well as the counsels appearing for the respective parties and also perused the challan papers.

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As regards the test identification parade of the petitioners is concerned, learned Public Prosecutor answered that during investigation no test identification parade of the petitioners were conducted.

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Taking into consideration the overall facts & circumstances of the case, the submissions made by counsels appearing for the respective parties and the fact that the petitioners have been implicated in this case with the aid of Section 120-B of IPC and also the fact that no test identification parade of the petitioners was conducted during investigation, this Court without expressing any opinion on merits and demerits of the case, deems just and proper to enlarge the petitioners on bail.

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Accordingly, both the bail applications are allowed and it is directed that accused-petitioners shall be released on bail provided each of them shall furnish 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 they shall appear before the trial Court or any other Court to which the

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[2024:RJ-JP:30856]

[CRLMB-1998/2024]

matter is transferred, on all subsequent dates of hearing and as

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and when called upon to do so.

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The Registry is directed to place a copy of this order in the connected case file.

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(GANESH RAM MEENA),J

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Satyendra/4-5

Sitaram @ Gyani S/O Shri Hiralal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sitaram @ Gyani S/O Shri Hiralal v. State of Rajasthan

Case brief

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