Allowed

Raju@Rajkumar S/O Prahlad v. State of Rajasthan

Rajasthan HC27 Nov 2019CRLMB/13602/2019

Case brief

AI extract

What is this about?

The High Court at Jaipur allowed the anticipatory bail application filed by three petitioners under Section 438 Cr.P.C. in a dispute regarding garbage disposal. The court directed the release on bail subject to furnishing a personal bond and two sureties with specific conditions.

What did the court decide?

Anticipatory bail granted; personal bond of Rs. 50,000 with two sureties each of Rs. 25,000 on specific conditions.

Raju@Rajkumar S/O Prahlad Vs State of Rajasthan — Cheating and Forgery | 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. 13602/2019

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Raju@ Rajkumar S/o Prahlad, Aged About 26 Years, B/c Khati R/o Gram Jahangeerpur P.S. Kumher Dist. Bharatpur

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Mohit S/o Prahlad, Aged About 21 Years, B/c Khati R/o Gram Jahangeerpur P.S. Kumher Dist. Bharatpur

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Prahlad S/o Nirmal Singh, Aged About 60 Years, B/c Khati R/o Gram Jahangeerpur P.S Kumher Dist. Bharatpur

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----Petitioners

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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. Dileep Singh Jadaun, Advocate For Respondent(s) : Mr. Pankaj Agarwal, P.P. For Complainant(s) Mr. Deepak Chauhan, Advocate

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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27/11/2019

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This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No . 391/2019 registered at P.S. Kumher Distt. Bharatpur for the offences mentioned therein against the applicants, whereupon the investigation was commenced. Apprehending their arrest, the petitioners moved the bail application before the court below, which was dismissed. Hence, this bail application has 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 there are cross cases between the parties. Complainant and accused are

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(2 of 3)

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[CRLMB-13602/2019]

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neighbors and incident arose on the incidence of throwing the garbage in front of the house of the complainant. Except Section 452 IPC other offences are bailable.

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On the other hand, learned Public Prosecutor who is assisted by counsel for the complainant has opposed the bail application and submitted that complainant is in habit of committing of such offence.

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It is not in dispute that incident took place on the issue of throwing the garbage.

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Taking into consideration the submissions advanced by the learned counsel for applicant/s, note of the allegations levelled against the applicant/s 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 applicant/s.

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Therefore, this bail application filed under Section 438 Cr.P.C is allowed and it is directed that in the event of arrest of petitioners Raju@ Rajkumar S/o Prahlad, Mohit S/o Prahlad and Prahlad S/o Nirmal Singh in the aforesaid FIR, they shall be released on bail by the concerned SHO/Investigating Officer, provided they furnish a personal bond in the sum of Rs. 50,000/with two sureties in the sum of Rs. 25,000/- each of them to the satisfaction of the S.H.O/I.O of the concerned Police Station on the following conditions:

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

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ii) That the petitioners shall not directly or

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(3 of 3)

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[CRLMB-13602/2019]

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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 petitioners shall not leave India without previous permission of the court;

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iv) That the petitioners 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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Ashu/3

Raju@Rajkumar S/O Prahlad v. State of Rajasthan

Case brief

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Raju@Rajkumar S/O Prahlad v. State of Rajasthan

Case brief

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