Allowed

Rakesh Meena @ Raka S/O Shri Arjun Lal Meena v. State of Rajasthan

Rajasthan HC24 Oct 2024CRLMB/8934/2024

Case brief

AI extract

What is this about?

Bail applications under Section 483 BNSS for accused in FIR involving Sections 143, 302 & 120B IPC allowed. The sole eye-witness did not place the petitioners at the scene or implicate them in the fatal act. Court ordered bail with personal bond and sureties.

What did the court decide?

Accused-petitioners enlarged on bail furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Rakesh Meena @ Raka S/O Shri Arjun Lal Meena… — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JP:44929]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 8934/2024

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Rakesh Meena @ Raka S/o Shri Arjun Lal Meena, Aged About 23 Years, R/o Chhatrapati Shivaji Nagar, Kalwar Bus Stand Ke Pass, Police Thana Kalwar, Jaipur West, Jaipur (Rajasthan) (Presently Accused Is Confined In Central Jail, Jaipur)

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 10130/2024 Vinod Meena S/o Shri Ramswaroop Meena, Aged About 25 Years, R/o Jda Colony, Meeno Ki Dhani, Vijaypura, Nanusar, Police Station Bindayaka, Jaipur West. (At Present Confined In Central Jail, Jaipur, District Jaipur).

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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. Deepak Chauhan, Adv.,
		Mr. PankajKhandelwal, Adv.
For Respondent(s)	:	Mr. Shree Ram Dhakar, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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24/10/2024

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The instant bail applications have been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.497/2023 registered at Police Station Kalwar, District Jaipur (West) for the offence(s) under Sections 143, 302 & 120B of IPC.

[2024:RJ-JP:44929]

[CRLMB-8934/2024]

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Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. He further submits that PW-2 Dilip Khichi stated to be a sole eye witness, in his examination-in-chief, has uttered entirely different story which is not corroborating the story of the prosecution. Learned counsel for the petitioner Rakesh contended that PW-2 Dilip Khichi, in his statement before the Court has not uttered a word against the petitioner regarding causing injuries to the deceased Ramlal. It is also contended that the story of prosecution is inconsistent and apart from statements of PW-2 Dilip Khichi, there is no other substantive evidence available on record. PW-2 Dilip Khichi, in his statement recorded under Section 161 of Cr.P.C., has stated that the deceased was hit by Swift car resulting into death of the deceased. It is also contended that the other coaccused Dharampal Chaudhary, Harshit Chaudhary & Aseem Khan have already been enlarged on bail. The trial/investigation of the case may take considerable time, therefore, the bail applications of the accused-petitioners may be allowed.

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Learned Public Prosecutor vehemently opposes the bail applications.

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Heard and perused the material available on record.

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PW-2 Dilip Khichi, who is stated to be a sole eye witness to the incident, in his examination-in-chief has not stated that the deceased Ramlal was hit by Swift car bearing No. RJ45-CR-6248. The presence of the petitioner Rakesh Meena has not been uttered by the witnesses. It is not desirable to express anything on the merits of the case, at this juncture, considering the fact that PW-2 Dilip Khichi in his statement has not uttered anything, regarding

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[CRLMB-8934/2024]

[2024:RJ-JP:44929]

hitting the deceased by the accused-petitioners by running over the car, thus, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail.

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Accordingly, the bail applications of the accused-petitioners under Section 483 BNSS are allowed and it is ordered that the accused-petitioners namely: 1. Rakesh Meena @ Raka S/o Shri Arjun Lal Meena & 2. Vinod Meena S/o Shri Ramswaroop Meena in connection with FIR No.497/2023 registered at Police Station Kalwar, District Jaipur (West) shall be enlarged on bail provided both of them furnish 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 before the court concerned on all the dates of hearing and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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Keshav/27-28

Rakesh Meena @ Raka S/O Shri Arjun Lal Meena v. State of Rajasthan

Case brief

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Rakesh Meena @ Raka S/O Shri Arjun Lal Meena v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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