Allowed

Shivam v. State of Rajasthan

Rajasthan HC21 Oct 2019CRLMB/11210/2019

Case brief

AI extract

What is this about?

The High Court allowed a second bail application filed by the petitioner in a 364-A/120-B IPC case. Relying on the fact that a co-accused had already been granted bail, the Court held the petitioner's case identical and ordered his release on bail with a personal bond and sureties.

What did the court decide?

Petitioner released on bail furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each subject to appearance stipulations.

Shivam Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 11210/2019

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Shivam S/o Sh. Mahesh Saini, Aged About 20 Years, B/c Saini, R/o Nearby Hospital, Kumaharo Wali Gali, Govind Nagar, Kotwali Police Station, District Muradabad (UP) (Lodged In Central Jail, Bikaner)

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. S. K. Verma For Respondent(s) : Mr. Gaurav Singh, PP

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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21/10/2019

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The present 2^nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.2/2018, Police Station Nokha, District Bikaner for the offence punishable under Sections 364-A & 120-B of the IPC.

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The first bail application of the petitioner was dismissed on 21.08.2018 by this Court.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner, the co-accused Nitesh Nai has already been granted bail by the Co-ordinate Bench of this Court vide order dated 16.10.2019 and the case of the present

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(2 of 2)

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[CRLMSB-11210/2019]

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petitioner is not distinguishable from the case of the co-accused who has already been released on bail by this Court.

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The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused person who has been enlarged on bail.

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Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to coaccused aforesaid who has been enlarged on bail by this Court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

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Consequently, the 2^nd bail application is allowed. It is ordered that the accused-petitioner Shivam S/o Sh. Mahesh Saini, arrested in connection with FIR No.2/2018, Police Station Nokha, District Bikaner shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(VINIT KUMAR MATHUR),J

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12-Anil Singh-SunilS/-

Shivam v. State of Rajasthan

Case brief

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Shivam v. State of Rajasthan

Case brief

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