Bail application for accused in a murder FIR where complainant witness did not support prosecution version, co-accused were already enlarged on bail, and the accused had been in custody about 11 months. Court granted regular bail with personal bond and sureties without commenting on merits.
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[2024:RJ-JP:6654]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 6911/2023
Mansukh Saini S/o Shri Mawasiram @ Anna, R/o Milakpur P.S. Ramgarh District Alwar (Rajasthan) (Accused Petitioner Confined In District Jail Alwar).
----Accused-Petitioner
Versus
The State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Kapil Gupta. For Respondent(s) : Mr. Imran Khan, PP. Mr. Anil Kumar Yadav with Mr. Vikram for complainant(s)
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
08/02/2024
[CRLMB-6911/2023]
[2024:RJ-JP:6654]
(2 of 3)
trial has supported the prosecution version. Learned counsel further submitted that accused-petitioner was arrested on 01.03.2023 since then, he is behind the bars. Learned counsel further submits the parties have settled their dispute by way of compromise and compromise deed has already been submitted before the learned trial Court, charges being not compoundable the same has not been attested. Learned counsel further submitted that trial will take time to conclude and therefore, the accused-petitioner may be granted benefit of bail.
[CRLMB-6911/2023]
[2024:RJ-JP:6654]
(3 of 3)
bars for last 11 months and trial will take time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the petitioner.
(ASHUTOSH KUMAR),J
MADAN/5
1 issue framed by the court
Whether the accused in FIR 113/2023 for IPC Sections 143 and 302 should be released on bail under Section 439 Cr.P.C., given prolonged custody, co-accused already bailed, witnesses not supporting pros
3 provisions across 2 enactments
Mansukh Saini S/o Shri Mawasiram @ Anna
The State Of Rajasthan, Through PP
Ashutosh Kumar
As recorded by the court registry
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