The High Court granted bail to the petitioner arrested under Sections 302 and 201 IPC. The evidence was circumstantial. Considering the doubt in circumstances and the likelihood of a long trial, bail was allowed with a bond of Rs.50,000.
Accused enlarged on bail subject to furnishing a 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-JD:22057]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2004/2024
Homa @ Soma S/o Natha, Aged About 51 Years, R/o Chikla Phala Khutaneri, P.s. Rishabhdev, District Udaipur. (At Present Lodged In District Jail Dungarpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Jitendra Ojha |
|---|---|
| For Respondent(s) | : Mr. Javed Gauri,PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/05/2024
| S.No. | Particulars | of | the Case | |
|---|---|---|---|---|
| 1. | FIR Number | 260/2021 | ||
| 2. | Concerned Police Station | Rishabhdev | ||
| 3. | District | Udaipur | ||
| 4. | Offences alleged in the FIR | Under Sections 302 201 of the IPC |
and | |
| 5. | Offences added,if any | - | ||
| 6. | Date of passing of impug order |
ned | 07.02.2024 |
(2 of 3)
[2024:RJ-JD:22057]
[CRLMB-2004/2024]
accused-petitioner and he has been made an accused based on conjectures and surmises.
Prima facie , it can be said that the circumstances are not unerringly pointing towards the guilt of the accused, however, this Court would refrain from passing any final opinion on this
(3 of 3)
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[CRLMB-2004/2024]
count alone as the same may influence the course of trial but taking into account the totality of facts and circumstances of the case as well as the fact that there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.
(FARJAND ALI),J
12-divya/-
2 issues framed by the court
Whether bail should be granted to an accused facing charges under Sections 302 and 201 of the IPC based on circumstantial evidence?
Whether the high probability of a long trial duration warrants granting bail despite the nature of the charges?
1 provisions across 1 enactments
Homa @ Soma S/o Natha
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
