Allowed

Kailash Chand S/O Hari Narayan v. State of Rajasthan

Rajasthan HC20 Feb 2024CRLMB/75/2024

Case brief

AI extract

What is this about?

Single Judge of the High Court of Rajasthan allowed a bail application under Section 439 Cr.P.C. considering witness statements suggesting the deceased was alive and conscious with the accused prior to death, despite the charge of murder under Sections 302 and 34 IPC.

What did the court decide?

Accused enlarged on bail on a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Kailash Chand S/O Hari Narayan Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JP:8792]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 75/2024

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Kailash Chand S/o Hari Narayan, Aged About 42 Years, R/o Erli, P..s Sarolakalan, At Present Assistant Forester Resional Forest OfÏcer OfÏce Aklera, Police Station Kalera, District Jhalawar (Raj.) (At Present Confined In District Jail Jhalawar)

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----Accused-Petitioner

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Versus

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State of Rajasthan, through PP 2. Ratan Lal S/o Madho Lal, R/o Vrindavan Colony, P.s Aklera, District Jhalawar (Raj.)

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----Respondents

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For Petitioner(s)	: Mr. Shailesh Kumar Panwar
For Respondent(s)	: Mr. M.S. Saini, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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20/02/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.507/2023 registered at Police Station Aklera, District Jhalawar for the offence(s) under Sections 302 and 34 of I.P.C. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated under Section 302 of I.P.C. He also submits that there is no evidence against the accused-petitioner that he has murdered the deceased Yogendra.

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Learned counsel for the accused-petitioner further submits that from the statements of witnesses Manish and Premnarayan, it is apparent that they accompanied the deceased with accused-

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petitioner and at that time deceased Yogendra Meena was alive. He also submits that witness Premnarayan in his statement recorded under Section 161 of Cr.P.C. has stated that deceased Yogendra demanded water from him and he along with accusedpetitioner went in a car and witness Manish also accompanied him in the car. The car stopped at Brijwasi Dhaba and accusedpetitioner gave Rs.500/- to witness Manish for bringing water bottles and thereafter deceased also drank water and again fell asleep. The witness has also stated that he was driving the car and accused-petitioner told him to drop the Yogendra at his house. Afterwards, deceased Yogendra became unconscious, therefore, from the statements of both the witnesses, it is clear that accusedpetitioner has not committed any crime under Section 302 of I.P.C. The charge-sheet against the accused-petitioner has already been produced. The accused petitioner is in judicial custody since long and the trial of the case will take sufÏciently long time. Therefore, the benefit of grant of bail may be granted to the accusedpetitioner.

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Per contra, learned Public Prosecutor opposes the grant of bail application and submits that in the opinion, the concerned Board has reported that deceased died due to Asphyxia, therefore, looking to the peculiar circumstances of the case, the bail application of the accused-petitioner may be dismissed.

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Without commenting anything on the merits and considering the statements of witnesses Manish and Premnarayan recorded under Section 161 of Cr.P.C. that they saw the deceased alive and deceased also demanded water from them and afterwards

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deceased became unconscious, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Kailash Chand S/o Hari Narayan in connection with FIR No.507/2023 registered at Police Station Aklera, District Jhalawar 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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77-SURAJ KUMAR

Kailash Chand S/O Hari Narayan v. State of Rajasthan

Case brief

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Kailash Chand S/O Hari Narayan v. State of Rajasthan

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