Allowed

Kailash Son of Roop Chand v. State of Rajasthan

Rajasthan HC4 Dec 2019CRLMB/15303/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted anticipatory bail to three accused-applicants under Section 438 Cr.P.C. in connection with offences under IPC Sections 332 and 353, directing their release on bail upon arrest subject to specific conditions regarding availability, tampering with witnesses, travel, and non-committal of similar offences, bonded in the sum of Rs. 50,000 with two sureties.

What did the court decide?

Application filed under Section 438 Cr.P.C. is allowed; applicants to be released on bail upon arrest upon furnishing bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Kailash Son of Roop Chand 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. 15303/2019

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Kailash Son Of Roop Chand,

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Mahaveer Son of Sanwat Ram,

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Begraj @ Balwan Son of Ishwar Singh, All By Caste Gurjar, Resident of Dudhwa, Police Station Khetri, District Jhunjhunu (Raj.)

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----Accused-Petitioners

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s) : Mr. Gajanand Yadav with Mr. Subhash Sharma For Respondent(s) : Mr. Pankaj Agarwal, PP

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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04/12/2019

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This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.589/2019 registered at P.S. Khetri Distt. Jhunjhunu 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 petitioner and learned Public Prosecutor and perused the material made available on record.

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Learned counsel for the applicants submits that offences under Sections 332 and 353 IPC are not made out against the applicants. Allegation of threat is against accused Dholaram. There are no criminal antecedents of the applicants.

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(2 of 2)

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[CRLMB-15303/2019]

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On the other hand, learned Public Prosecutor has opposed

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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, this bail application filed under Section 438 Cr.P.C is allowed and it is directed that in the event of arrest of petitioners Kailash S/o Roop Chand, Mahaveer S/o Sanwat Ram and Begraj @ Balwan S/o Ishwar Singh 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 sum of Rs. 25,000/- each to the satisfaction of the SHO/IO of the 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 /12

Kailash Son of Roop Chand v. State of Rajasthan

Case brief

What is this about?

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Kailash Son of Roop Chand v. State of Rajasthan

Case brief

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What did the court decide?

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