Dismissed

Shailendra Sharma S/O Shri Girraj Sharma v. State of Rajasthan

Rajasthan HC24 Nov 2021CRLBC/76/2021

Case brief

AI extract

What is this about?

In this bail cancellation application, the High Court of Rajasthan dismissed the petitioner's plea to cancel the bail granted to respondent No.2 by the trial court. The court held that the trial court gave cogent reasons for the bail and it was not a fit case to cancel it.

What did the court decide?

Bail cancellation application dismissed; bail granted by trial court to respondent No.2 maintained.

Shailendra Sharma S/O Shri Girraj Sharma Vs State of… — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Bail Cancellation Application No. 76/2021

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Shailendra Sharma S/o Shri Girraj Sharma, Aged About 28 Years, R/o Gomti Colony, Ramdayal Ki Chakki Ke Pichhe, Purani Truck Union, Distt. Karauli (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Manish Kumar Agarwal Alias Sonu S/o Sh. Ramavtar Kansal, Aged About 39 Years, R/o House No. 694, Kansal Bhavan, Gurdware Ke Paas, Nanakpur, Punhana, District Nooh Mewat (Haryana). Presently Residing At House No. 705, Royal Vatika, Bajrang Nagar, Kota , P.s. Borkhera, Kota (Raj.).

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----Respondents

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For Petitioner(s)	: Mr. Anurag Sharma, Adv. & Mr. Harsh Sharma, Adv.
For Respondent(s)	: Mr. Sher Singh Mahala, PP Mr. Deepak Chauhan, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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Judgment Reserved on : 23.11.2021 Date of Pronouncement : 24.11.2021

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This Criminal Miscellaneous Bail Cancellation Application has been filed under Section 439(2) Cr.P.C. against the order dated 24.05.2021 passed by learned Additional Sessions Judge No.4, Kota, (for short “the trial Court) whereby, bail was granted to the accused respondent No.2.

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Learned counsel for the petitioner submits that the trial Court vide order dated 24.05.2021 wrongly granted bail to the respondent No.2. Learned counsel for the petitioner further

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(2 of 3)

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[CRLBC-76/2021]

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submits that the trial Court while granting bail to the respondent No.2 has considered irrelevant material and wrongly came to the conclusion that the respondent No.2 has no intention to cause death. Learned counsel for the petitioner also submits that knife was recovered on the information of respondent No.2 and as per post-mortem report, cause of death was stabbed wound. Learned counsel for the petitioner further submits that the trial Court had not considered the seriousness of offence, so, bail granted by the trial Court be cancelled.

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Learned counsel for the petitioner has relied upon the judgments passed by the Hon’ble Apex Court of India in Criminal Appeal No.1938/2017 reported in (2018)12 SCC 129 , in Criminal Appeal No.1662/2012 reported in (2012)12 SCC 180 , in Criminal Appeal No.1843/2019 reported in (2020) 2 SCC 118 and in Criminal Appeal No.739/2008 reported in (2008) 5 SCC 66 .

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Learned counsel for the respondent No.2 submits that the trial Court has considered the material collected during the investigation. Learned counsel for the respondent No.2 further submits that there is no infirmity or irregularity in the order dated 24.05.2021 passed by the trial Court. So, cancellation of bail application filed by the petitioner be dismissed.

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I have considered the arguments advanced by learned counsel for the petitioner, learned counsel for the respondent No.2 and perused the impugned order.

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Learned trial Court had given cogent reasons for granting of bail to the respondent No.2. So, I do not consider it a fit case to cancel the bail granted by the trial Court to the respondent No.2.

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(3 of 3)

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[CRLBC-76/2021]

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So, bail cancellation application filed by the petitioner is devoid of merit and liable to be rejected.

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Hence, the bail cancellation application is dismissed.

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(NARENDRA SINGH DHADDHA),J

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Gourav/02

Shailendra Sharma S/O Shri Girraj Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shailendra Sharma S/O Shri Girraj Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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