Allowed

Chhagan Lal v. State of Rajasthan

Rajasthan HC21 Oct 2021CRLMB/11610/2021

Case brief

AI extract

What is this about?

Common order granting bail to two petitioners under Section 439 Cr.P.C. in a case under IPC Sections 457 and 380. Despite prior history of cases, bail was allowed as the case is triable by a Magistrate with a filed charge-sheet, implying a lengthy trial.

What did the court decide?

Accused petitioners released on bail on furnishing a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each.

Chhagan Lal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 11610/2021

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Chhagan Lal S/o Sh. Khima Ram, Age 35 Years, B/c Kumhar, R/o Charli, P.S. Ahore, Distt. Jalore

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(At Present Lodged In Sub Jail, Jalore).

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 11617/2021

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Kiran Kumar S/o Sh. Himmta, Age 32 Years, B/c Rawal, R/o Village Kerawas, Ahore, P.S. Ahore, Dist. Jalore (Raj.). (Presently Lodged In Dist. Jail, Jalore).

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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. Javed Hussain Mr. Narpat Singh Rajpurohit For Respondent(s) : Mr. Sharwan Bishnoi, PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order

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21/10/2021

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The above bail applications shall stand decided by this common order as they arise out of the same FIR.

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The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.125/2021, Police Station Ahore, District Jalore, registered for the offences under Section 457, 380 of IPC.

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(2 of 2)

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[CRLMB-11610/2021]

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Heard and considered the arguments advanced by learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioners stated that offences are triable by Magistrate; charge-sheet has been filed; accusedpetitioners are behind the bars since 16.07.2021; and the trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the accused-petitioners.

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Per contra, learned Public Prosecutor opposed the bail applications and stated that earlier five other cases of likewise nature had been registered against accused-petitioner Chhagan Lal and six other cases of likewise nature had been registered against the accused-petitioner Kiran Kumar.

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Having regard to the facts and circumstances of the case, particularly to the fact that offences are triable by Magistrate; charge-sheet has been filed; and the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.

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Consequently, the bail applications are allowed. It is ordered that the accused-petitioners No. 1. Chhagan Lal S/o Sh. Khima Ram, 2. Kiran Kumar S/o Sh. Himmta, arrested in connection with F.I.R. No.125/2021, Police Station Ahore, District Jalore, shall be released on bail, if not wanted in any other case; provided each of them furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(DEVENDRA KACHHAWAHA),J

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50-51/amit/-

Chhagan Lal v. State of Rajasthan

Case brief

What is this about?

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Chhagan Lal v. State of Rajasthan

Case brief

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