The High Court allowed a second bail application under Section 439 Cr.P.C. favorably considering hostile prosecution witnesses and lack of evidence regarding motive. The petitioners must furnish a personal bond and two sureties.
Accused-petitioners enlarged on bail upon furnishing a personal bond of Rs. 50,000 and 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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 2639/2024
Bherulal S/o Shri Manji, Aged About 32 Years, R/o Sovni P.s. Devgarh Dist. Pratapgarh. (At Present Lodged In Dist. Jail Pratapgarh).
----Petitioner
Versus
----Respondents
Connected With
S.B. Criminal Miscellaneous 2nd Bail Application No. 2642/2024 Dhanrajh S/o Shri Rajmal, Aged About 32 Years, R/o Sovni P.s. Devgarh, Dist. Pratapgarh.
(At Present Lodged In Dist. Jail Pratapgarh).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Ramesh Chandra Purohit For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR ORDER
14/05/2024
These two second applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.83/2023 registered at Police Station Devgarh, District Pratapgarh, for offences under Sections 302, 323 and 34 IPC.
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[CRLMB-2639/2024]
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Learned counsel for the petitioners submitted that petitioners have been falsely implicated in the present case. Learned counsel submitted that as per the prosecution, petitioners are guilty of committing murder of one Pankaj, who was allegedly having illicit relations with the wife of the accused-petitioner namely Bheru Lal. Learned counsel submitted that the statements of the complainant – Ishwarlal @ Ashok (PW-06) have been recorded before the competent criminal court on 14.02.2024. The complainant during his court statements has not supported the prosecution story.
Attention of the Court was also drawn towards the statements of the eye-witness of the incident namely Smt. Nani (PW-01), recorded before the competent criminal court to state that the eye witness of the incident has also not supported the prosecution story during her court statements and has turned hostile. Further attention of the Court was drawn towards the other material witnesses of the case namely Ramchandra (PW-02) , Vijay Lal (PW-03), Yuvraj (PW-04) and Bhaiyalal (PW-05) to urge that these witnesses have also not supported the prosecution story during their court statements and have turned hostile.
Attention of the Court was further drawn towards the post mortum report of the deceased dated 06.05.2023, to contend that as per the post-mortum report, the petitioners caused injuries with a sharp weapon, however, during the course of investigation, only one lathi (blunt weapon) and belt has been recovered.
Lastly, learned counsel submitted that the petitioners had no motive to commit the alleged crime. The statements of material witnesses have already been recorded before the competent
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criminal court and therefore, now there is no apprehension of petitioners influencing them or tampering with the evidence. The petitioners are in judicial custody, and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioners.
Per contra , learned Public Prosecutor has vehemently opposed the bail application.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that statements of material witnesses of the case have already been recorded before the competent criminal court and these witnesses have not supported the prosecution story during their court statements. This Court also prima facie finds that no evidence of motive for the petitioners to commit the alleged crime is available on record. The prosecution has not shown any apprehension of petitioners influencing the remaining prosecution witnesses or fleeing away from justice, in case they are enlarged on bail by this Court. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.
Accordingly, these second bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners(i) Bherulal S/o Shri Manji and (ii) Dhanrajh S/o Shri Rajmal shall be enlarged on bail in connection with FIR No.83/2023 registered at Police Station Devgarh, District Pratapgarh, provided each of them furnishes a personal bond in the sum of Rs.50,000/-
[CRLMB-2639/2024]
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with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.
A copy of this order be placed in both the files.
(KULDEEP MATHUR),J
14-TarunGoyal/-
3 issues framed by the court
Whether bail should be granted to the accused-petitioners under Section 439 Cr.P.C.
Whether the apprehension of witnesses turning hostile influences the bail decision
Whether evidence of motive for the alleged crime is available on record
1 provisions across 1 enactments
Bherulal S/o Shri Manji
Dhanrajh S/o Shri Rajmal
State Of Rajasthan
Ishwarlal Alias Ashok S/o Gordhan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
