Partly allowed

Narain Singh v. State

Rajasthan HC1 Oct 2020CRLMB/9557/2020

Case brief

AI extract

What is this about?

Single judge bench of Rajasthan High Court, Jodhpur granted bail to two accused (Pratap Singh and Shrawan Singh) and allowed bail to another (Ganpat Singh) in a cross-cases FIR involving affray and attempted murder offences, despite graded antigressions against Narain Singh whom the bar council directed counsel not to press for bail due to antecedents during COVID-19.

What did the court decide?

Release on bail with personal bond and two sureties for appearance until completion of trial.

Narain Singh Vs State — Bail and Remand | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 9557/2020

¶3

Narain Singh S/o Bhopal Singh, Aged About 50 Years, Araba Chouhan, Kalyanpur Police Station, District Barmer. (Lodged In Sub Jail Balotra).

¶4

Pratap Singh @ Surendra Singh S/o Ganpat Singh, Aged About 35 Years, Araba Chouhan, Kalyanpur Police Station, District Barmer. (Lodged In Sub Jail Balotra).

¶5

Shrawan Singh S/o Bhopal Singh, Aged About 37 Years, Araba Chouhan, Kalyanpur Police Station, District Barmer. (Lodged In Sub Jail Balotra).

¶6

----Petitioners Versus

State, Through P.p.

----Respondent

Connected With

S.B. Criminal Miscellaneous Bail Application No. 10667/2020

¶11

Ganpat Singh S/o Shri Bhopal Singh, Aged About 66 Years, Araba, Police Station Kalyanpur, District Barmer. (At Present Lodged In Sub Jail Balotra, District Barmer).

¶12

----Petitioner Versus State, Through P.p. ----Respondent For Petitioner(s) : MR. JVS Deora (on VC) For Respondent(s) : Mr. Gaurav Singh, PP Mr. Nilesh Bohra (on VC)

¶13

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶14

Order

¶15

01/10/2020

¶16

In S.B. Criminal Miscellaneous Bail Application No.

9557/2020

(2 of 4)

[CRLMB-9557/2020]

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

¶21

This Court perused the material available on record.

¶22

The petitioners have been arrested in FIR No.38/2020 of Kalyanpur Police Station, District Barmer for the offences punishable under Sections 147, 148, 341, 323, 324, 325, 307/149 of IPC. They have preferred this bail application under Section 439 Cr.P.C.

¶23

This Court observes that there are cross cases between the parties and the incident has happened at the place of the present petitioners and thus, the complainant might be aggressor. Both the parties have received considerable injuries. Though in the present case the complainant has received grievous injury, which is dangerous to life. The petitioners are in judicial custody since before 25.08.2020.

¶24

Learned Public Prosecutor and learned counsel for the complainant submit that petitioner No.1-Narain Singh has grave criminal antecedent, as the nine cases of similar nature are pending against him.

¶25

At this juncture, learned counsel for the petitioner does not want to press this bail application preferred on behalf of petitioner no.1-Narain Singh but seeks liberty for the petitioner no.1 to file fresh bail application after filing of the charge-sheet.

¶26

Accordingly, this criminal misc. bail application is dismissed as not pressed qua the petitioner no.1 with the liberty as prayed for.

¶27

(3 of 4)

¶28

[CRLMB-9557/2020]

¶29

Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case and looking into the cross cases and peculiar facts of the case, this Court deems it just and proper to grant bail to the accused petitioners no.2 and 3 under Section 439 Cr.P.C.

¶30

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed qua the petitioners No.2 and 3 and it is directed

¶31

that petitioners (2) Pratap Singh @ Surendra Singh and (3) Shrawan Singh S/o Bhopal Singh shall be released on bail in connection with FIR No.38/2020 of Kalyanpur Police Station, District Barmer provided each of them execute a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

¶32

In S.B. Criminal Miscellaneous Bail Application No. 10667/2020

¶33

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

¶34

This Court has perused the material available on record.

¶35

The petitioner has been arrested in connection with FIR No.38/2020 of Kalyanpur Police Station, District Barmer for the offences punishable under Sections 147, 148, 341, 323, 324, 325,

¶36

(4 of 4)

¶37

[CRLMB-9557/2020]

¶38

307/149 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

¶39

Learned Public Prosecutor has opposed the bail application.

¶40

Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

¶41

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner -Ganpat Singh S/o Shri Bhopal Singh shall be released on bail in connection with FIR No.38/2020 of Kalyanpur Police Station, District Barmer provided he executes a personal bond in a sum of Rs.50,000/with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

¶42

(DR. PUSHPENDRA SINGH BHATI),J

¶43

18-19-Ravi Kh./-

Narain Singh v. State

Case brief

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Narain Singh v. State

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