Allowed

Ashok v. State of Rajasthan-State

Rajasthan HC13 May 2020CRLMB/4258/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the bail application of the petitioner, who was charged with offences under Sections 302, 307 IPC, and related provisions. The court granted bail petitioning personal bond due to the COVID-19 lockdown, allowing him time to find sureties.

What did the court decide?

Petitioner released on bail on personal bond of Rs.50,000; may furnish sureties by 30.05.2020.

Ashok Vs State of Rajasthan-State — Murder and Culpable Homicide | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4258/2020

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Ashok S/o Mohanram, Aged About 25 Years, B/c Vishnoi , Niwasi Matol Chak Dhandhu Police Thana Phalodi Distt. Jodhpur (Presently Lodged In Sub Jail , Phalodi)

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----Petitioner

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Versus

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State Of Rajasthan-State, Through Pp

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	----Respondent
For Petitioner(s)	: Mr. B.R. Godara, through Whatsapp Video Call
For Respondent(s)	: Mr. Gaurav Singh, PP, through Jitsi Meet App

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JUSTICE DINESH MEHTA

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Order

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13/05/2020

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This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.76/2018, Police Station Bhojasar, District Jodhpur, for the offences under Sections 302, 307, 323, 120B, 147, 148/149 IPC.

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Learned counsel for the petitioner submits that maximum case against the petitioner, which can be made out, is that of unlawful assembly. It is further argued that allegation of gun fire was made against Ashok Kumar S/o Gopa Ram in the FIR and most of the co-accused including said Ashok Kumar S/o Gopa Ram have been enlarged on bail by this Court.

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Mr. Gaurav Singh, learned Public Prosecutor, opposed the bail application.

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(2 of 3)

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[CRLMB-4258/2020]

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Having perused the record of connected cases, this Court finds that Ashok Kumar S/o Gopa Ram, against whom allegation of gun fire was made in the FIR, has already been enlarged on bail by this Court on 17.02.2020 (S.B. Criminal Misc. Bail Application No.2034/202020). Other co-accused, such as Farsa Ram, Vinod Sharma, Sunil Kumar and Manish Shekhani have also been enlarged on bail by this Court; petitioner's case stands on a better footing.

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Having regard to the facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Ashok S/o Shri Mohanram, arrested in FIR No.76/2018, Police Station Bhojasar, District Jodhpur shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each.

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This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 30.05.2020 to the satisfaction of the learned trial Court.

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It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.

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Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case,

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(3 of 3)

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[CRLMB-4258/2020]

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he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.

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(DINESH MEHTA),J

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15-skm/-

Ashok v. State of Rajasthan-State

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Ashok v. State of Rajasthan-State

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