Allowed

Dharmilal Bairwa S/O Shri Girraj Prasad Bairwa v. State of Rajasthan

Rajasthan HC8 Aug 2024CRLMB/4014/2024

Case brief

AI extract

What is this about?

Three accused in a murder FIR sought regular bail, contending the fatal injuries were caused by other co-accused and no test identification parade was held from the sole eye-witness. The court noted allegations named other co-accused and enlarged all three on bail with personal bonds.

What did the court decide?

All three accused-petitioners enlarged on bail: personal bond of Rs.50,000 each with two sureties of Rs.25,000 each to the satisfaction of trial Judge.

Dharmilal Bairwa S/O Shri Girraj Prasad Bairwa Vs State… — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JP:34018]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No.4014/2024

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Dharmilal Bairwa S/o Shri Girraj Prasad Bairwa, Aged About 25 Years, R/o Village Trishul Ki Dhani, Tan Manauj, Police Station Todabhim, District Gangapur City (Raj.).

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(The Accused Petitioner Presently Confined In District Jail, Dausa).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 5202/2024 Shyamveer Mahawar S/o Prakash Chand Mahawar, R/o Trishul Ki Dhani, Tan Manoj Police Station Todabhim, District Karauli (Raj.) (At Present Confined In District Jail, Dausa (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 7878/2024 Rinku Kumar S/o Siyaram, Aged About 24 Years, R/o Village Girdharipura, Police Station Manpur, District Dausa. (At Present Confined At District Jail, Dausa)

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----Petitioner

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Versus

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State Of Rajasthan, Through The PP

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----Respondent

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For Petitioner(s)	: Mr.	Rajneesh Gupta, Adv.
	Mr.	T.L. Pandey, Adv.
	Mr.	Nikhilesh Katara, Adv.,
	Mr.	Ravindra Mavliya
For Respondent(s)	: Mr.	Riyasat Ali, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

[2024:RJ-JP:34018]

[CRLMB-4014/2024]

(2 of 4)

Order

08/08/2024

These bail applications have been filed under Section 439 Cr.P.C. on behalf of accused-petitioners. The accused-petitioners have been arrested in connection with FIR No.179/2023, registered at Police Station Mehndipur Balaji, District Dausa for the offence(s) under Sections 143, 365 and 302 of IPC.

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Learned counsels for the petitioners submit that the accusedpetitioners have falsely been implicated in these cases. It is contended that the main allegations of causing injuries to deceased Niranjan are against the other co-accused Hari, Sitaram, Pooran and Manko Bai. It is also contended that Balram, who is eye-witness in the present case, in his statement recorded under Section 161 of Cr.P.C., has also stated that the other co-accused have committed the said offence and not named the petitioners in the statement. The police did not conduct any test identification parade from the main witness Balram regarding involvement of the present petitioners in the alleged crime. The police has implicated the petitioners in the present case as an accused without any substantial or incriminating evidence. There is no direct or indirect evidence available on record indicating involvement of the present petitioners in causing death of deceased Niranjan or hatching conspiracy to kill the deceased Niranjan. In the CCTV footage also, presence of the present petitioners was not found. The accused-petitioners are in custody since long and trial/investigation of the case may take considerable time. It is also contended that similarly placed coaccused Naresh Kumar Meena, Munesh Kumar Meena and Gautam

[2024:RJ-JP:34018]

[CRLMB-4014/2024]

(3 of 4)

Meena have already been enlarged on bail by this Court vide order dated 19.03.2024 & 11.03.2024 respectively, therefore, the bail applications of the accused-petitioners may be allowed.

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Learned Public Prosecutor vehemently opposes the grant of bail applications. It is argued that petitioners were actively involved in causing death of deceased Niranjan and hatched conspiracy to kill the deceased, therefore, considering the gravity of the offence, the bail applications of accused-petitioners deserves dismissal.

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Heard and perused the material available on record. 5. Considering the fact that the main allegations of causing death of deceased Nirajan are against the other co-accused namely Hari, Sitaram, Puran and Manko Bai. The eye-witness Balram, in his statement recorded under Section 161 of Cr.P.C. has also stated that co-accused Hari, Sitaram, Puran and Manko Bai caused fatal injuries to deceased Niranjan, resulting into his death. Admittedly, police has not conducted any test identification parade regarding involvement of the present petitioners in the alleged crime from the sole eye-witness Balram. Complainant Kaluram, who is father of deceased, in his statement has stated that Hari, Sitaram, Puran and Manko Bai caused fatal injury to his son Niranjan. The other eye-witnesses in their statements have also stated that soon before the death, the deceased uttered the names of Hari, Sitaram, Puran and Manko Bai. It is not desirable to comment anything upon the merits of the case, considering the above facts, I deem it just and proper to enlarge the accusedpetitioners on bail.

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[2024:RJ-JP:34018] (4 of 4)

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[CRLMB-4014/2024]

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Accordingly, these bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners namely, (1). Dharmilal Bairwa S/o Shri Girraj Prasad Bairwa, (2). Shyamveer Mahawar S/o Prakash Chand Mahawar and (3). Rinku Kumar S/o Siyaram, in connection with FIR No.179/2023, registered at Police Station Mehndipur Balaji, District Dausa shall be enlarged on bail provided each of them furnish a personal bond in the sum of Rs.50,000/- 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 and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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Keshav/-27-29

Dharmilal Bairwa S/O Shri Girraj Prasad Bairwa v. State of Rajasthan

Case brief

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Dharmilal Bairwa S/O Shri Girraj Prasad Bairwa v. State of Rajasthan

Case brief

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What did the court decide?

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