Allowed

Sanjay v. State of Rajasthan

Rajasthan HC16 Feb 2024CRLMB/681/2024

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner in a second bail application. The court noted that key witnesses did not identify the petitioner and the trial would take a long time. Bail was granted on execution of a personal bond with sureties.

What did the court decide?

Petitioner released on bail on execution of personal bond of Rs. 1,00,000/- with two sound and solvent sureties of Rs. 50,000/- each.

Sanjay Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2024)

(1 of 2)

[2024:RJ-JD:8222]

[CRLMB-681/2024]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶5

S.B. Criminal Miscellaneous 2^nd Bail Application No. 681/2024

¶6

Sanjay S/o Rajveer Singh, Aged About 26 Years, R/o Suratpura, Tehsil Rajgarh, Dist. Churu. (Presently Lodged In Dist. Jail Churu)

¶7

----Petitioner

¶8

Versus

¶9

State Of Rajasthan, Through Pp

¶10

Devendra Singh S/o Ramesh Kumar, R/o National Chhoti, Tehsil Ragarh, Dist. Churu.

¶11

----Respondents

¶12

For Petitioner(s)	: Mr.	Vikas Bijarnia
For Respondent(s)	: Mr.	SS Rajpurohit, PP
	Mr.	Rakesh Matoria

¶13

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

¶14

Order

¶15

16/02/2024

¶16

The petitioner has been arrested in connection with FIR No.61/2020 of Police Station Hameerwas, District Churu, for the offence punishable under Sections 147, 148, 364, 302, 201, 120-B R/w Section 149 IPC. He has preferred this second bail application under Section 439 Cr.P.C.

¶17

The first bail application was dismissed on 02.09.2021 with liberty to file afresh after recording the statements of witnesses Devendra Kumar and Vinod Kumar.

¶18

Learned counsel for the petitioner submits that both the aforesaid witnesses have been examined before the trial court as PW-1 & PW-2 respectively and they did not name the present petitioner in their chief examination and in cross-examination,

[2024:RJ-JD:8222]

[CRLMB-681/2024]

(2 of 2)

they specifically mentioned that the present petitioner was not present at the place of occurrence. The aforesaid witnessed did not identify the present petitioner. The accused-petitioner is in judicial custody the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

¶23

Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the second bail application.

¶24

Having regard to the totality of the facts and circumstances of the case and the fact that the witnesses namely Devendra Kumar and Vinod Kumar did not identify the petitioner, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

¶25

Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sanjay S/o Rajveer Singh shall be released on bail in connection with FIR No.61/2020 of Police Station Hameerwas, District Churu, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

¶26

(MANOJ KUMAR GARG),J

¶27

138-MS/-

Sanjay v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sanjay 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

Ahsan Vs State of Rajasthan

Raj Singh @ Raju Vs State of Rajasthan

Sumit Gurjar Vs State of Rajasthan

Shambhu Singh Parmar Vs State of Rajasthan

Ramesh Jain Vs State of Rajasthan

Bhawani Singh Kanawat Vs State of Rajasthan