Partly allowed

Anil Kumar S/O Gopal Lal B/C Rana (Meena) v. State of Rajasthan

Rajasthan HC4 Jun 2019CRLMB/3375/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to Anil Kumar in a murder and attempt to murder case under Sections 302 and 307 IPC, while dismissing Deepak Kumar's bail application. Anil was found not named in the FIR or present at the crime scene.

What did the court decide?

Bail granted to Anil Kumar on personal bond of Rs.20,000 with two sureties; Bail application of Deepak Kumar dismissed.

Anil Kumar S/O Gopal Lal B/C Rana (Meena) Vs… — Murder and Culpable Homicide | 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. 3375/2019

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Anil Kumar S/o Gopal Lal B/c Rana (Meena), Aged About 24 Years, R/o Jhiri Police Station Pratapgarh, Distt. Alwar, Currently Residing At Kacchi Basti, Jawahar Nagar, Jaipur Raj. (Accused Is Presently Confined In Hindaun City Jail)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 6934/2019 Deepak Kumar S/o Shri Kailash B/c Meena, Aged About 20 Years, R/o Gothada, Thana Nandoti, Distt. Karauli Raj. (At Present Confined In Distt. Jail Karauli Raj.)

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----Petitioner

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Versus ----Respondent

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State Of Rajasthan, Through P.p.

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For Petitioner(s) : Mr. Deepak Chauhan Mr. Jiya UR Rahman For Respondent(s) : Mr. Sher Singh Mehla, PP Mr. Vijay Singh Yadav for complainant

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA(V.J)

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Judgment / Order

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04/06/2019

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This bail application has been filed under Section 439 CrPC in connection with FIR No.373/2018 registered at Police Station Todabheem, District Karauli for the offences under Sections 279, 302, 307, 336, 120B IPC.

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(2 of 3) [CRLMB-3375/2019]

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Heard learned counsel for the petitioner, counsel appearing for the complainant and learned Public Prosecutor appearing for the State and carefully scanned the relevant material made available on record.

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Learned counsel for the petitioner submits that the accused-Anil Kumar has not been found present at sight nor he was named in the FIR. No specific act on the part of the accusedAnil Kumar is mentioned to include him in the participation of the crime. Similarly, it is also argued for the accused-Deepak Kumar that Deepak Kumar was later on arrayed as an accused alleging for hatching conspiracy for committing crime.

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Learned counsel appearing for the complainant has taken this court to the investigation report where the statement of Deepak Kumar was recorded and submits that Deepak Kumar was actively involved in the conspiracy for committing crime and the charge sheet has been filed u/s 279, 302, 307, 336 & 120B IPC against both the accused petitioners.

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Taking into consideration for submissions made by learned counsel for the parties, this court finds that no case for grant of bail for accused-Deepak Kumar is made out. Hence, bail application filed on his behalf is dismissed.

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However, looking to overall facts and circumstances of the case, I deem it just and proper to enlarge the petitioner-Anil Kumar S/o Gopal Lal on bail.

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Therefore, this bail application filed by the Anil Kumar is allowed and it is directed that accused petitioner Anil Kumar S/o Gopal Lal shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs.20,000/- with two sureties in the like amount

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(3 of 3)

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[CRLMB-3375/2019]

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to the satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C. .

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(SANJEEV PRAKASH SHARMA(V.J)),J

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Anu /397

Anil Kumar S/O Gopal Lal B/C Rana (Meena) v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Anil Kumar S/O Gopal Lal B/C Rana (Meena) v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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