Allowed

Mahendra Kumar S/O Shri Ramlal v. State of Rajasthan

Rajasthan HC22 Jan 2024CRLMB/428/2024

Case brief

AI extract

What is this about?

The Court allowed the second bail application under Section 439 Cr.P.C. in a Section 302 IPC case, considering the petitioner's lack of criminal antecedents, the filing of the charge-sheet, and the testimony of the sole eye-witness who did not identify the accused.

What did the court decide?

Bail allowed on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Mahendra Kumar S/O Shri Ramlal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

¶1

[2024:RJ-JP:3587]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Misc. Second Bail Application No. 428/2024

¶4

Mahendra Kumar S/o Shri Ramlal, Aged About 31 Years, R/o Panchya Ki Dhani Railway Phatak Ke Pass Renwal Road, Ward Number 05, Chomu, Ps-Chomu, District Jaipur. (Presently The Accused Is Confined In Central Jail, Jaipur)

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Pp

¶8

----Respondent

¶9

For Petitioner(s)	: Mr. Deepak Chauhan for
	Mr. Shubham Khunteta
For Respondent(s)	: Mr. Babu Lal Nasuna, PP

¶10

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

¶11

Order

¶12

22/01/2024

¶13

The second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.159/2023 registered at Police Station Kaladera, District Jaipur (Rural) for the offences under Sections 302 & 120-B of IPC. Later on, the police filed the charge-sheet in this matter for the offence under Section 302 of IPC.

¶14

It is contended by learned counsel for the petitioner that first bail application filed on behalf of the petitioner was dismissed as withdrawn with liberty to file fresh bail application after recording of testimony of informant and eye-witness – Jitendra Singh S/o Kalu Singh. He submits that the aforesaid two witnesses including one other prosecution witness have been examined during the course of trial, thus, this second bail application has been

(2 of 3)

[2024:RJ-JP:3587]

[CRLMB-428/2024]

preferred. He submits that sole eye-witness - Jitendra Singh has stated in his testimony that no identification parade was conducted and he could not see the face of the accused at the time of alleged incident. He further submits that informant has also not said a single word against the petitioner in examinationin-chief and the other witness, who is the employer of sole eye-witness – Jitendra Singh has also not supported the prosecution case. There are no criminal antecedents of the petitioner. The petitioner is in custody since 26.06.2023 and charge-sheet has been filed in this case and trial will take considerable time. He also contends that further custody of the petitioner would not serve any fruitful purpose.

¶19

Learned Public Prosecutor has opposed the bail application.

¶20

I have considered the contentions.

¶21

Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that there are no criminal antecedents of the petitioner, charge-sheet has been filed in the matter and looking to the custody period of the petitioner, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

¶22

This second bail application is accordingly allowed and it is directed that accused-petitioner - Mahendra Kumar S/o Shri Ramlal shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned

(3 of 3)

[2024:RJ-JP:3587]

[CRLMB-428/2024]

Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

¶27

(ANIL KUMAR UPMAN),J

¶28

19-Nirmala

Mahendra Kumar S/O Shri Ramlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra Kumar S/O Shri Ramlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Annu S/O Haricharan Vs State of Rajasthan

Ramprasad @ Rp S/O Late Lahariram Jogi Vs the State of Rajasthan

Anar Singh S/O Ramesh Chand Vs the State of Rajasthan

Subhash Chand Bhawaria S/O Laxman Singh Vs State of Rajasthan

Sagarmal Dhakad S/O Nandram @ Nandlal Dhakad Vs State of Rajasthan

Sahid S/O Azad Vs State of Rajasthan