Allowed

Banwari S/O Ramuji v. State of Rajasthan

Rajasthan HC12 Aug 2024CRLMB/6114/2024

Case brief

AI extract

What is this about?

Second bail application in a murder and attempted murder case arising from FIR No.196/2021. With complainant and injured witnesses declared hostile during trial and co-accused already granted bail, the court allowed bail on furnishing a personal bond with sureties, without commenting on merits.

What did the court decide?

Bail granted: personal bond Rs.50,000 plus two sureties of Rs.25,000 each; to appear before trial court on all hearing dates.

Banwari S/O Ramuji Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:34057]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 6114/2024

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Banwari S/o Ramuji, Aged About 40 Years, R/o Harphalkapura Majra Sone Ka Gurja, Police Station Sone Ka Gurja, District Dholpur. (At Present In District Jail, Dholpur).

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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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For Petitioner(s) : Mr. Anil Jain for Mr. Dushyant Jain For Respondent(s) : Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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12/08/2024

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The instant 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.196/2021 registered at Police Station Badi Sadar, District Dholpur for the offences punishable under Sections 147, 323, 341, 307 and 302 of IPC. Later on, police filed chargesheet in this matter for the offences punishable under Sections 143, 147, 148, 149, 323, 341, 324, 336, 307, 302, 504 & 120-B of IPC.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that all the injured witnesses including complainant have not supported the prosecution case and they have been declared hostile. According to the prosecution case, there is allegation against the petitioner of causing fire arm injury on the person of Jagveer and Punjab. It

[2024:RJ-JP:34057]

[CRLMB-6114/2024]

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is submitted that injured person- Jagveer has been examined during the course of trial and he has not supported the prosecution case and declared hostile. Counsel submits that another injured person- Punjab has been examined during the course of trial of co-accused person where he did not support the prosecution case and declared hostile. It is further submitted that co-accused persons of this case have been granted benefit of bail by this court as well as co-ordinate bench of this court. Petitioner is in custody since 04.10.2021. Charge-sheet has been filed and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. He submits that two other cases have been registered against the petitioner. He further submits that complainant of this case has duly been informed about hearing of this bail application.

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Despite name of learned counsel for complainant is appearing in the cause list, no one appeared on behalf of the complainant.

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I have considered the contentions.

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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 all the material witnesses have not supported the prosecution case and they have been declared hostile; co-accused persons have been granted benefit of bail by this court as well as co-ordinate bench of this court; looking to the custody period, but without commenting

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[2024:RJ-JP:34057]

[CRLMB-6114/2024]

anything on the merits or demerits of the case, I deem it proper to allow the second bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner- Banwari S/o Ramuji 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 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.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /37

Banwari S/O Ramuji v. State of Rajasthan

Case brief

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Banwari S/O Ramuji v. State of Rajasthan

Case brief

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