Allowed

Raju Singh v. State of Rajasthan

Rajasthan HC2 Jul 2024CRLMB/6589/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. for offences under Sections 302/34, 307/34, 323/34 and 341 IPC. The court noted that all material witnesses had turned hostile and the trial would likely take a long time. Granting bail was deemed suitable in the interest of justice.

What did the court decide?

Petitioners enlarged on bail upon furnishing personal bonds of Rs.50,000/- each with two sureties of Rs.25,000/- each.

Raju Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:26569]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous III^rd Bail Application No. 6589/2024

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Raju Singh S/o Sh Chhail Singh, Aged About 26 Years, R/o Village Siner, Police Station And Tehsil- Siwana, DisttBalotra Raj. (Presently Lodged In Distt Jail, Balotra)

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Sh Bhattu Singh, Aged About 22 Years, R/o Village Siner, Police Station And Tehsil- Siwana, Distt- Balotra Raj. (Presently Lodged In Distt Jail, Balotra)

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Narendra Singh S/o Sh Chhail Singh, Aged About 19 Years, R/o Village Siner, Police Station And Tehsil- Siwana, Distt- Balotra Raj. (Presently Lodged In Distt Jail, Balotra)

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----Petitioners

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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. PradeepKumar Shah
For Respondent(s)	: Mr. Arun Kumar,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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02/07/2024

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioners. The requisite details of the matter are

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tabulated herein below:

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S.No.	Particulars o	f the Case
1.	FIR Number	102/2023
2.	Concerned Police Station	Siwana
3.	District	Balotra
4.	Offences alleged in the FIR	Under Section 302/34 of the IPC
5.	Offences added, if any	Under Sections 341, 323/34 and 307/34 of the IPC
6.	Date of passing of impugned order	12.03.2024

(2 of 3)

[2024:RJ-JD:26569]

[CRLMB-6589/2024]

It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and their incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused- petitioners and they have been made accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioners, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I have considered the submissions made by both the parties and have perused the material available on record. All the material witnesses have turned hostile and have not supported the story as narrated in the charge-sheet. Thus, in this factual situation, this Court feels that keeping the petitioners behind the bars would not be in the interest of justice. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioners in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accusedpetitioners as named in the cause title shall be enlarged on bail provided each of them 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 their appearance

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(3 of 3) [CRLMB-6589/2024]

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[2024:RJ-JD:26569]

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before the Court concerned on all the dates of hearing as and

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when called upon to do so.

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(FARJAND ALI),J

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42-Ashutosh/-

Raju Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Raju Singh v. State of Rajasthan

Case brief

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