Kailash Son Of Kadu vs State Of Rajasthan
2021 Latest Caselaw 3033 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                 4512/2021

Kailash Son Of Kadu, Aged About 55 Years, R/o Bukana, Police
Station, Sapotra, District Karauli (Rajasthan) (Presently Confined
In Jail At Karauli)
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through P.p.
                                                                  ----Respondent

For Petitioner(s) : Mr. Rajneesh Gupta present int he Court For Complainant(s) : Mr. Vivek Joshi present in the Court For State : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

20/07/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.465/2020 was registered at Police Station Sapotra,

District Karauli for offence under Sections 143, 341, 448, 435 &

307 I.P.C.

3. It is contended by counsel for the petitioner that initially

police registered a case under Section 302 IPC, as there was

parchabayan of the deceased, however, when the matter was

referred to CID-CB, from the investigation, it is revealed that the

deceased himself went to the petrol pump with Prabhu Lal and

purchased petrol, thereafter he poured petrol upon himself and set

himself ablaze. Daughters of petitioner tried to save his life and

(2 of 2) [CRLMB-4512/2021]

sustained burn injuries. It is also contended that statement of

Prabhu Lal was recorded under Section 164 Cr.P.C., wherein he

has stated that deceased went with him to purchase petrol. It is

further contended that the police has now filed the charge-sheet

under Section 306 IPC. Petitioner has remained in custody for a

period of nine months. There are as many as seventeen witnesses.

Conclusion of trial will take time.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the bail application. It is contended that from the

parchabayan, it is evident that petitioner has committed the

offence of murder.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the bail application.

7. This bail application is, accordingly, allowed and it is directed

that accused-petitioner 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 appear before

that Court and any Court to which the matter be transferred, on

all subsequent dates of hearing and as and when called upon to do

so.

(PANKAJ BHANDARI),J

ARTI SHARMA /11

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