Allowed

Heera Lal S/O Sh. Kishan Singh v. State of Rajasthan

Rajasthan HC12 Mar 2024CRLMB/2957/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the bail application of Heera Lal, charged under Sections 302, 201, 363, and 120B IPC. The court granted bail noting hostile statements of witnesses and parity of the petitioner's case with co-accused for whom bail was already granted.

What did the court decide?

Accused petitioner Heera Lal is released on bail upon furnishing a personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each.

Heera Lal S/O Sh. Kishan Singh Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JP:12347]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2957/2024

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Heera Lal S/o Sh. Kishan Singh, R/o Village Chandanpura Thana Roopwas, District Bharatpur (Raj.) (At Present Lodged In Sub Jail, Bayana).

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----Petitioner

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Versus

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State of Rajasthan through Public Prosecutor 2. Gyan Singh S/o Sh. Maharaj Singh, R/o Village Chandanpura Thana - Roopwas, District Bharatpur (Raj.).

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----Respondents

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For Petitioner(s) : Ms. Pooja Gupta, Adv. For Respondent(s) : Mr. Atul Sharma, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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12/03/2024

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This bail application under Section 439 Cr.P.C. has been filed by the petitioner in connection with FIR No.94/2021 registered at Police Station Roopwas, District Bharatpur wherein he is charged for offences punishable under Section 363 IPC (later on, he is charged for offences punishable under Sections 302, 201, 363 and 120B of IPC).

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Learned counsel for the petitioner submits that the statements of the material witnesses namely Gyan Singh (PW1), Madhuri (PW-2), Babita (PW-6) and Anita (PW-7) have been recorded and they have not supported the case of prosecution and they have turned hostile. Counsel submits that indulgence of bail has already been granted by this Court to

[2024:RJ-JP:12347]

[CRLMB-2957/2024]

(2 of 3)

the co-accused persons namely Sonu Kumar and Darab Singh and the case of the accused petitioner is at par with the case of co-accused persons to whom indulgence of bail has been granted by this Court. Counsel submits that the petitioner is in custody since the date of his arrest and trial will take its own time to conclude, therefore, indulgence be granted to the petitioner.

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Per contra, learned Public Prosecutor opposed the bail application.

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Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that the allegation of causing death of the deceased are against the main accused persons namely Hemlata and Krishankant and also looking to the fact that the statements of material witnesses namely Gyan Singh (PW-1), Madhuri (PW-2), Babita (PW-6) and Anita (PW-7) have been recorded and they have not supported the case of prosecution and they have turned hostile and also looking to the fact that indulgence of bail has already been granted to the co-accused persons namely Sonu Kumar and Darab Singh by this Court and the case of the accused petitioner is at par with the case of co-accused persons to whom indulgence of bail has been granted and trial will take its own time to conclude and without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioner under Section 439 Cr.P.C.

(3 of 3)

[2024:RJ-JP:12347]

[CRLMB-2957/2024]

Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Heera Lal S/o Sh. Kishan Singh arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ANOOP KUMAR DHAND),J

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MR/4

Heera Lal S/O Sh. Kishan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Heera Lal S/O Sh. Kishan Singh v. State of Rajasthan

Case brief

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