Allowed

Devendra S/O Shri Ramuji v. State of Rajasthan

Rajasthan HC13 May 2020CRLMB/4252/2020

Case brief

AI extract

What is this about?

The High Court allowed a second bail application under Section 439 Cr.P.C. for an accused who had been arrested later than co-accused. Considering the charge sheet was filed, trial would be long, and noting that colleagues were released without requiring further recovery from him, the court deemed it just to enlarge him on bail with a personal bond.

What did the court decide?

Accused-petitioner Devendra S/o Shri Ramuji released on bail under Section 439 Cr.P.C. furnishing a personal bond of Rs.40,000/- with one surety in the like amount.

Devendra S/O Shri Ramuji Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous IInd Bail Application No.4252/2020

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Devendra S/o Shri Ramuji, R/o Village Narsinghpura, P.s. SadarBadi, Dist. Dholpur. (Ap Present In District Jail, Dholpur)

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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. Mahendra Shandilya For Respondent(s) : Mr. S.S. Ola, PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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13/05/2020

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For the present, defect(s) pointed out by the Registry are waived.

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This second bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.618/2016 registered at Police Station, Badi (Dholpur), for offence under Section(s) 395, 342 IPC and 3/25 of Arms Act.

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Learned counsel for the petitioner submits that the petitioner’s case cannot be distinguished from that of the other coaccused who have already been released on bail. The allegations against all the persons were of having stolen the buffalo which has been recovered from the co-accused. Learned counsel submits that no recovery is further required to be made from the petitioner as the charge sheet has already been filed. In the changed circumstances, learned counsel prays that accused-petitioner be released on bail.

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(2 of 2)

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[CRLMB-4252/2020]

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Learned Public Prosecutor has opposed the bail application.

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From the factual report submitted, it is noticed that the petitioner was arrested subsequently while the other co-accused have been earlier arrested and released on bail. It is also noticed that the petitioner’s identification parade has been conducted and he was duly identified but no recovery has been made from him. The allegations are same against all the accused of having stolen the buffalo which has already been recovered from the coaccused.

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Taking into consideration the nature of the allegation levelled against the petitioner and also taking into consideration that charge sheet has already been filed and trial is likely to take long time, but without commenting on merits of the case, I deem it just and proper to enlarge the petitioner on bail.

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Therefore, this second bail application is allowed and it is ordered that the accused-petitioner-Devendra S/o Shri Ramuji be released on bail under Section 439 Cr.P.C. in connection with aforesaid FIR provided he furnishes a personal bond of Rs.40,000/- with one surety in the like amount to the satisfaction of the concerned Magistrate with the stipulation that they shall comply with all the conditions laid down under Section 437 (3) Cr.P.C.

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(SANJEEV PRAKASH SHARMA),J

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Karan Bhutani /5

Devendra S/O Shri Ramuji v. State of Rajasthan

Case brief

What is this about?

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Devendra S/O Shri Ramuji v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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