Allowed

Aakash Joshi S/O Shri Radheshyam Joshi v. State of Rajasthan

Rajasthan HC22 Feb 2024CRLMB/471/2024

Case brief

AI extract

What is this about?

This court allowed a bail application under Section 439 Cr.P.C. for an accused charged with murder and a SC/ST atrocity offence. The court granted bail based on the hostility of the sole eye-witness and lack of other eyewitnesses, without commenting on the merits of the case.

What did the court decide?

The accused-petitioner shall be enlarged on bail on furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each.

Aakash Joshi S/O Shri Radheshyam Joshi Vs State of… — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:9169]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 471/2024

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Aakash Joshi S/o Shri Radheshyam Joshi, Aged About 27 Years, R/o House No. 490, Street In Front Of Water Tank, Hariom Nagar, Kachhi Basti, Mahaveer Nagar, Kota (At Present Lodged In Central Jail Kota, Rajasthan)

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----Petitioner

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Versus

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State of Rajasthan, Through Its PP

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Raguveer Prasad Meena S/o Badrilal Meena, Aged About 42 Years, R/o Village Chainpuria, Tehsil Mangrol, Police Station Siswali, District Baran, Presently Resided At House No. 15 C, Motinagar, Aavli, Near Krishna Farm House, Police Station R.k. Puram, Kota.

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----Respondents

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For Petitioner(s)	: Mr. Amar Kumar
For Respondent(s)	: Mr. Imran Khan-PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

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22/02/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Aakash Joshi S/o Shri Radheshyam Joshi. The accused-petitioner has been arrested in connection with FIR No.363/2023 registered at Police Station Mahaveer Nagar, Kota for the offence(s) under Section 302 of IPC and Section 3(2)(v) SC/ST (POA) Act, 1989.

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Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in the case. He further submits that the sole eye-witness PW2 Satnarayan has turned hostile and not supported the prosecution story. In the cross-examination by the learned Special Public Prosecutor, he has

[2024:RJ-JP:9169]

[CRLMB-471/2024]

(2 of 2)

denied the fact that accused-petitioner was involved in assaulting the deceased Manish. Apart from PW-2 Satnarayan, there is no other eye-witness of the incident. The version of complainant by whom FIR was instituted is hearsay and in the FIR, he has stated that through Satnarayan, he came to know that his brother-in-law Manish was beaten by accused-petitioner and other person Yogesh Gautam. The accused-petitioner is in custody since 30.07.2023 and the trial of the case will take considerable time. Therefore, the benefit of bail should be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor opposes the bail application.

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Considering the arguments advanced by the counsel for the parties and looking to the fact that the sole eye-witness, PW-2 Satnarayan has turned hostile and there is no other eye-witness to the incident, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Aakash Joshi S/o Shri Radheshyam Joshi in connection with FIR No.363/2023 registered at Police Station Mahaveer Nagar, Kota shall be enlarged on bail provided he furnishes 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 his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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49-Rahul Joshi

Aakash Joshi S/O Shri Radheshyam Joshi v. State of Rajasthan

Case brief

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Aakash Joshi S/O Shri Radheshyam Joshi v. State of Rajasthan

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