In a second bail application for murder charges under Sections 302, 377 and 201 IPC, the High Court of Rajasthan at Jodhpur granted bail, citing material contradictions in witness statements and the inability to fingerprint the defendant without wasting time in trial.
Release on bail with personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 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:15760]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. 2nd Bail Application No. 2617/2024
Bhajan Lal S/o Biru Ram, Aged About 47 Years, R/o Chak 20 KND P.S. Rawla Dist Sriganaganagar (Raj) (At Present Lodged In Sub Jail Anupgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
| ----Respondent |
|---|
| For Petitioner(s) | : Mr. KuldeepSharma |
|---|---|
| For Respondent(s) | : Mr. S.S. Rajpurohit, PP assisted by |
| Ms. Kamla Goswami |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
09/04/2024
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.615/2021 registered at Police Station Anupgarh, District Sriganganagar registered for the offence punishable under Sections 302, 377 and 201 of the Indian Penal Code.
The first bail application was dismissed by this Court vide order dated 14.09.2023 with liberty to file afresh after recording the statement of witnesses – Karan Singh, Gurvindra Singh and Kesu Ram.
Learned counsel for the petitioner submits that now witness Kesu Ram has been examined before the trial Court as PW.3 and he has declared hostile, and witnesses Karan Singh and Gurvindra Singh have been examined before the trial Court as PW.5 & PW.6 and there are material contradictions in their statements. Counsel submits that chance print has been obtained by the Investigating
[2024:RJ-JD:15760]
[CRLMB-2617/2024]
(2 of 2)
Officer and Director of Finger Print Bureau Rajasthan, Jaipur has mentioned in the report that due to ambiguity of the said chance print, the same could not be tallied with the sample finger prints. Counsel further submits that the occurrence took place at spur of the moment. The petitioner is in judicial custody since 10.11.2021 and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the prayer of bail.
I have considered the arguments advanced before me and gone through the material available on record.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Bhajan Lal S/o Biru Ram shall be released on bail in connection with F.I.R. No.615/2021 registered at Police Station Anupgarh, District Sriganganagar provided he executes a personal bond in a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
121-Rashi/-
2 issues framed by the court
Whether bail is granted under Section 439 Cr.P.C. to the petitioner in a murder case involving sections 302, 377 and 201 IPC where witnesses have declared hostile.
Whether the petitioner is entitled to bail considering the ambiguity of chance print evidence obtained in the case.
1 provisions across 1 enactments
Bhajan Lal S/o Biru Ram
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
