Dismissed

Babulal S/O Sh. Gyana Ram B/C Saini v. State of Rajasthan

Rajasthan HC2 Nov 2020CRLBC/8/2020

Case brief

AI extract

What is this about?

The Rajasthan High Court dismissed an application to cancel bail. The petitioner argued the lower court failed to assign reasons for bail in a Section 306 IPC case involving the accused's suicide, noting the accused's name appeared in the suicide note. The Court found no grounds to cancel bail.

What did the court decide?

Bail cancellation application dismissed; Bail granted under Section 439 Cr.P.C. affirmed.

Babulal S/O Sh. Gyana Ram B/C Saini Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Bail Cancellation Application No. 8/2020

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Babulal S/o Sh. Gyana Ram, Aged About 38 Years, R/o Kumaharon Ki Dhani Saini Nagar Tan Nawaldi Nawalgarh Jhunjhunu Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Anil Kumar S/o Madan Lal, Aged About 21 Years, R/o Kumaharon Ki Dhani Saini Nagar Tan Nawaldi Ps Nawalgarh Dist. Jhunjhunu

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----Respondents

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For Complainant-	: Mr. Shubham Bhati for Mr. Rajesh
Petitioner(s)	Goswami
For Accused-	: Mr. Ishwar Lal Jain, through VC
Respondent(s)
For State	: Mr. Deshraj Gosingha, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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02/11/2020

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Complainant-petitioner has filed this bail cancellation application under Section 439(2) of Cr.P.C.

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F.I.R. No. 434/2018 was registered at Police Station Nawalgarh, District Jhunjhunu for offence under Section 306 of I.P.C.

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It is contended by counsel for the Complainant-petitioner that the Court below has not assigned reasons for granting bail. The deceased committed suicide and in the suicide note, name of the accused was mentioned. There was no reason for granting bail to the accused-respondent.

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(2 of 2)

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[CRLBC-8/2020]

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Learned Public Prosecutor and counsel for the accusedrespondent have opposed the bail cancellation application.

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I have considered the contentions and have perused the suicide note.

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In “ Islam vs. Abdul Farid (2019) 3 CriCC 391”, the Apex Court held that while considering whether to cancel bail, Court has to consider gravity and nature of offence, prima facie case against the accused, position and standing of accused etc.

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In the suicide note, deceased has mentioned that she was committing suicide due to the accused person and that the accused person was harassing the deceased for last two years. What was the immediate cause which forced the deceased to commit suicide, is not clear.

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No ground is made out for cancelling the bail granted by the

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Court below.

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9. Accordingly, Bail Cancellation application is dismissed.

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(PANKAJ BHANDARI),J

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NIKHIL KR. YADAV /6

Babulal S/O Sh. Gyana Ram B/C Saini v. State of Rajasthan

Case brief

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What did the court decide?

Babulal S/O Sh. Gyana Ram B/C Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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