Allowed

Bhagat Singh S/O Somveer B/C Jat v. State of Rajasthan

Rajasthan HC26 Nov 2019CRLMB/12704/2019

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to two accused petitioners under Section 438 Cr.P.C., reasoning that parity existed with a co-accused who had already been granted bail by a coordinate bench. Conditions for bond and sureties were imposed.

What did the court decide?

Anticipatory bail granted on ground of parity; directed to be released on bail if arrested, subject to personal bond and conditions.

Bhagat Singh S/O Somveer B/C Jat Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 12704/2019

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Bhagat Singh S/o Somveer B/c Jat, Aged About 21 Years, R/o Village Nagla Baghiya, PS Chiksana Distt. Bharatpur (Raj).

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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Durgesh D/o Mukesh Kumar, aged about 21 years, By caste Jat, R/o Nagla Bagheya, Police Station Chiksana, District Bharatpur.

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 14471/2019 Suresh S/o Shri Ramkhiladi, Aged About 70 Years, B/c Jat, R/o Vill. Nagla Baghaiya PS Chiksana Tehsil And Distt. Bharatpur

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through PP

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	----Respondent
For Petitioner(s)	: Mr. Biri Singh Sinsinwar, Sr. Adv. assisted by Mr. Amolet Sharma
For Respondent(s)	: Mr. Pankaj Agarwal, P.P.
For Complainant(s)	: Mr. Sandeep Singh on behalf of Mr. Satish Khandal

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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26/11/2019

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These bail applications have been filed under Section 438 Cr.P.C. in connection with FIR No.210/2016 registered at P.S. Chiksana Distt. Bharatpur for the offences mentioned therein

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(2 of 3)

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[CRLMB-12704/2019]

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against the applicants, whereupon the investigation was commenced. Apprehending their arrest, the petitioners moved the bail applications before the court below, which were dismissed. Hence, these bail applications have been filed.

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Heard learned counsel for the petitioners and learned Public Prosecutor and perused the material made available on record.

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Learned counsel for the petitioners submits that coaccused Virendra S/o Sh. Ram Khiladi has been granted bail under Section 438 Cr.P.C. by co-ordinate Bench of this Court vide order dated 29.8.2019. Case of the present applicant is not distinguishable to that of co-accused who has been granted bail.

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On the other hand, learned Public Prosecutor and counsel for the complainant opposed the bail application.

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Taking into consideration the submissions advanced by the learned counsel for applicants, note of the allegations levelled against the applicants as also looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to grant anticipatory bail to the applicants.

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Therefore, these bail applications filed under Section 438 Cr.P.C are allowed on the ground of parity and it is directed that in the event of arrest of petitioners Bhagat Singh S/o Somveer and Suresh S/o Shri Ramkhiladi in the aforesaid FIR, they shall be released on bail by the concerned SHO/Investigating Officer, provided each of them furnish a personal bond in the sum of Rs. 50,000/- with two sureties in the

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(3 of 3)

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[CRLMB-12704/2019]

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sum of Rs. 25,000/- each to the satisfaction of the SHO/IO of the

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concerned Police Station on the following conditions:

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i) That the petitioner/s shall make himself/herself/themselves available for interrogation before the police officer, as and when required;

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ii) That the petitioner/s shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him/her/them from disclosing such facts to the court or to any police officer;

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iii) That the petitioner/s shall not leave India without previous permission of the court;

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iv) That the petitioner/s shall not commit any offence similar to the offence of which he/she/they is/are accused or suspected.

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(GOVERDHAN BARDHAR),J

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Dheeraj /7&8

Bhagat Singh S/O Somveer B/C Jat v. State of Rajasthan

Case brief

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Bhagat Singh S/O Somveer B/C Jat v. State of Rajasthan

Case brief

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