Allowed

Virendar@Bheenwa S/O Ramotar by Caste Gurjar v. State of Rajasthan

Rajasthan HC8 Jun 2020CRLMB/3493/2020

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed bail applications filed by three accused-petitioners for offences under Sections 302, 364, and 120B/34 IPC, directing their release on a personal bond of Rs. 1 lakh each with one surety, citing parity with coordinate benches having enlarged similarly situated co-accused.

What did the court decide?

Release of accused-petitioners Virendar, Rakesh, and Mahendra on bail bond of Rs. 1,00,000 each with one surety in like amount, complying with Section 437(3) Cr.P.C.

Virendar@Bheenwa S/O Ramotar by Caste Gurjar… — Murder and Culpable Homicide | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 3493/2020

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Virendar @ Bheenwa S/o Ramotar, Aged About 26 Years, R/o Raiya Ka Bass, Police Station- Patan, Tehsil- Neemkathana, Distt. Sikar, Rajasthan. (Petitioner is in J.C. At Sub Jail, Neem Ka Thana, District Sikar.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 3562/2020 Rakesh S/o Hansraj, Aged About 24 Years, R/o Bhopia Tehsil Neemkathana Dist. Sikar (Accused Petitioner Is In J/c At Neemkathana Dist. Sikar)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 3707/2020 Mahendra S/o Godaram, Aged About 32 Years, R/o Dhani Tehsil Ki Tan Hasampur Tehsil Nim Ka Thana Dist. Sikar Raj. (Petitioner Is In J.c. At Sub Jail Nim Ka Thana Dist. Sikar)

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----Petitioner

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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. Narpat Singh Shekhawat Mr. Anoop Agarwal
		Mr. Vidhut Kumar Gupta
For Respondent(s)	:	Mr. Sher Singh Mahla, PP
		Mr. Manish Gupta – for complainant

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

(2 of 4)

[CRLMB-3493/2020]

08/06/2020

The petitioners have filed these bail applications under Section 439 Cr.P.C. in connection with FIR No.186/2019 registered at Police Station Patan, District Sikar for the offences under Sections 302, 364 & 120B/34 IPC.

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Heard learned counsel for the accused-petitioners as well as learned counsel for 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 appearing for accused-petitioner-Virendar @ Bheenwa submits that the petitioner’s case cannot be distinguished from those who have been released on bail by the Coordinate Benches, namely, Ramesh, Naresh, Dinesh, Bajrang and Ravi. The charge sheet has been filed and learned counsel has taken this court to the statement under Section 164 Cr.P.C. by Kajoj who has not named any of them.

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Learned counsel appearing for accused-petitioner-Rakesh has also adopted the same arguments.

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Learned counsel appearing for accused-petitioner-Mahendra submits that allegations levelled are against another Mahendra S/o Shyoram, whereas the accused-petitioner before this court is Mahendra S/o Godaram and his case on better footing than others.

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Per contra, learned counsel appearing for the complainant submits that the charge sheet has been filed and in the statement made by Hardan and Mala Ram, it is noticed that names of accused-petitioners have been mentioned by both the witnesses and the involvement of the petitioners causing murder of deceased-Raju Rela cannot be ruled out.

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(3 of 4)

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[CRLMB-3493/2020]

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Learned Public Prosecutor has opposed the bail applications and submitted that the charge sheet has been filed after thorough investigation and names of the petitioners have been figured in the case where the deceased was first abducted and thereafter, he was murdered by these persons. The injuries have been caused on vital part (liver) as well as legs which have jointly found to be cause of death as per opinion.

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I have considered the submissions and perused the orders passed by the Coordinate Benches in the cases relating to Ramesh, Naresh, Dinesh, Bajrang and Ravi who have already been released on bail. The bail application of Rajesh was rejected. However, second bail application has been allowed on 4^th May, 2020.

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Keeping in view the orders passed by the Coordinate Benches for similarly situated co-accused who have been enlarged on bail, in order to maintain parity and the fact that all of them charge sheeted under Sections 302 and 120B/34 IPC and there is no specific overt act mentioned as against individual person but without expressing any opinion on the merits and demerits of the case, I deem it appropriate to enlarge the accused-petitioners on bail.

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Therefore, these bail applications are allowed and it is directed that accused-petitioners namely, (1) Virendar @ Bheenwa S/o Shri Ramotar, (2) Rakesh S/o Shri Hansraj & (3) Mahendra S/o Shri Godaram shall be released on bail under Section 439 Cr.P.C. in connection with aforesaid FIR, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees one lac) together with one surety each in the like amount to the satisfaction of the concerned Magistrate with the stipulation that

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(4 of 4)

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[CRLMB-3493/2020]

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they shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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A copy of this order be placed in each connected file.

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(SANJEEV PRAKASH SHARMA),J

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FATEH RAJ BOHRA/6-10 to 12

Virendar@Bheenwa S/O Ramotar by Caste Gurjar v. State of Rajasthan

Case brief

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Virendar@Bheenwa S/O Ramotar by Caste Gurjar v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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