Allowed

Ankit S/O Sumer Singh v. State of Rajasthan

Rajasthan HC10 Feb 2025CRLMB/1490/2025

Case brief

AI extract

What is this about?

Regular bail application under Section 483 BNSS in a murder and kidnapping case. Prime witness Dileep (P.W.-9) and another witness Ashok turned hostile; no test identification parade was conducted. The court granted bail on furnishing bonds with sureties.

What did the court decide?

Petitioner released on bail on personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each to satisfaction of trial court.

Ankit S/O Sumer Singh Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2025)

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[2025:RJ-JP:5811]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1490/2025

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Ankit S/o Sumer Singh, Aged About 20 Years, R/o Aakoli, Police Station Nangal Choudhary, District Mahendragarh, Haryana. (At Present Confined Sub Jail Fatehpur Dist. Sikar (Raj.)

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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) : Ms. Gunjan Sharma For Respondent(s) : Mr. Rishi Raj Singh Rathore, P.P.

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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10/02/2025

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This bail application has been filed by the petitioner under Section 483 of the B.N.S.S. arising out of F.I.R. No.248/2023, registered with the Police Station Lakshmangarh, District Sikar, for the offences punishable under Sections 147, 148, 364A, 302, 323, 396, 506/149 & 120B of I.P.C.

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Learned counsel for the petitioner submits that as per the averments made in the F.I.R. registered by the father of the deceased, namely Bhagwanram, the witness, namely Dileep, who has been examined as P.W.-9 in the trial, was accompanying the deceased, namely Mahipal. The witness, namely Dileep, has not supported the story of the prosecution & turned hostile in the matter. In his examination-in-chief, Dileep (P.W.-9) has also stated that the Police has forced him to give statements before the learned Magistrate under Section 164 of Cr.P.C. It has also been

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stated by Dileep (P.W.-9) that no Test Identification Parade was conducted in the matter and he has categorically denied that the alleged incident was taken place in his presence. The accusedpetitioner is in judicial custody since 12.11.2023. Thus, no fruitful purpose would be served by keeping him behind the bars for a long time. Therefore, he may be released on regular bail.

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Learned Public Prosecutor appearing for the State has opposed the bail application.

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Heard. Considered the submissions made by learned counsel for the petitioner as well as learned Public Prosecutor. Perused the charge-sheet as well as statements of the prosecution witnesses examined so far.

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Having regard to the submissions made by learned counsel for the petitioner and looking to the overall facts & circumstances of the case more particularly the fact that the prime material witness, namely Dileep has turned hostile and did not support the story of the prosecution as well as other witness, namely Ashok, has also not supported the story of the prosecution, this Court without expressing any opinion on merits & demerits of the case, deems just and proper to enlarge the petitioner on bail.

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Accordingly, this bail application is allowed and it is directed that accused-petitioner, namely Ankit S/o Sumer Singh, shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall

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appear before the trial Court or any other Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(GANESH RAM MEENA),J

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SAHIL SONI /18

Ankit S/O Sumer Singh v. State of Rajasthan

Case brief

What is this about?

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Ankit S/O Sumer Singh v. State of Rajasthan

Case brief

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