Bail allowed to Sunil Mehto in murder case based on Section 439 Cr.P.C. Court found prosecution case relies on weak circumstantial evidence and partisan witness testimony, with discrepancies making guilt unprobable.
Petitioner enlarged on bail in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each. Bond to appear before trial court.
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:24256]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 2608/2024
Sunil Mehto S/o Jay Kumar Mehto, Aged About 25 Years, R/o Ward No. 1, Village Kanadiya, Belwara, P.S. Simari, Bakhtiyapur, Dist. Saharsa, Bihar.
(At Present Lodge At Hanumangarh Jail)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Navneet Punia |
|---|---|
| For Respondent(s) | : Mr. Mohd. Javed Gauri,Dy.G.A. |
HON'BLE MR. JUSTICE FARJAND ALI
Order
28/05/2024
| S.No. | Particulars of | the Case | |
|---|---|---|---|
| 1. | FIR Number | 307/2019 | |
| 2. | Concerned Police Station | Tibbi | |
| 3. | District | Hanumangarh | |
| 4. | Offences alleged in the FIR | Under Sections 302, of IPC |
379 |
| 5. | Offences added, if any | Under Sections 449, 397 of IPC |
394, |
| 6. | Date of passing of impugned order |
07.10.2022 |
(2 of 3)
[2024:RJ-JD:24256]
[CRLMB-2608/2024]
incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
(3 of 3)
[2024:RJ-JD:24256]
[CRLMB-2608/2024]
keep the mobile of the deceased with him after murder, that too when the mobile is not a valuable article. It is a keypad mobile which can ordinarily be bought from the shop around Rupees One Thousand. When the case is totally based upon circumstantial evidence, the prosecution has to setup a story that within all human probabilities, the offence was committed by the accused. The circumstances put forth in this matter are no unerringly pointing to the guilt of the accused as many contradictions exist. 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.
(FARJAND ALI),J
8-chhavi/-
3 issues framed by the court
Whether bail should be granted to the accused despite the FIR alleging offences under Sections 302 and 379 IPC.
Whether the prosecution case, which relies on circumstantial evidence, discloses a prima facie case against the petitioner.
Whether the period of incarceration of the petitioner is warranted given the doubts regarding the sufficiency of the evidence.
1 provisions across 1 enactments
Sunil Mehto
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
