Allowed

Simka @ Semu @ Shayam v. State of Rajasthan

Rajasthan HC4 Oct 2021CRLMB/11762/2021

Case brief

AI extract

What is this about?

This order grants bail to two petitioners arrested in connection with an FIR for offences under Sections 143, 341, 323, 324 and 307/34 IPC. The High Court accepted that injuries are attributed to other co-accused, the petitioner Punia is not mentioned in the FIR, and further investigation/trial will take time. Bail was acccidentally granted on a personal bond of Rs.50,000/- with two sureties.

What did the court decide?

Petitioners shall be released on bail if not wanted in any other case, providing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court.

Simka @ Semu @ Shayam Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail Application No. 11762/2021

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Simka @ Semu @ Shayam S/o Kanji Charel, Aged About 20 Years, R/o Sevna, Police Thana Kotwali, Dist. Banswara (Raj.). (Presently Lodged In District Jail, Banswara).

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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 Misc. Bail Application No. 11764/2021

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Punia @ Panna Lal S/o Mansu, Aged About 19 Years, R/o Sevna Police Station Kotwali Dist. Banswara.

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(At Present Lodged In Dist. Jail, Banswara).

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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.	Vijay Kumar
	Mr.	Devendra Sanwalot
For Respondent(s)	: Mr.	Sudhir Tak,PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order

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04/10/2021

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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 custody in connection with F.I.R. No.334/2021, Police Station Kotwali, District Banswara (Rajasthan), registered for the offences punishable under Sections 143, 341, 323, 324 and 307/34 of the Indian Penal Code.

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(2 of 3)

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[CRLMB-11762/2021]

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Heard 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 there are no specific allegations levelled against the petitioners; as per F.I.R. itself, specific allegations have been levelled against other coaccused persons, namely, Dilip and Thawra; accused-petitioner, Simka @ Semu @ Shayam is behind the bars since 25.08.2021 and accused-petitioner Punia @ Panna Lal is behind the bars since 18.08.2021; name of Punia @ Panna Lal has not been mentioned in the F.I.R.; further investigation and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the petitioners

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Per contra, learned Public Prosecutor have opposed the bail applications and stated that injury No.1 of the injured Ishwar Lal is grievous in nature but due to illegible handwriting, it could not be said that the injury has been caused on which part; and as per the statement of the injured Ishwar Lal, one sharp injury has been caused by Dilip on the front side of his head.

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Having regard to the facts and circumstances of the case and particularly looking to the facts that injury has been attributed to other co-accused persons, namely, Dilip and Thawra and not to the accused-petitioners; accused-petitioners are behind the bars for more than one month; name of the accused-petitioner Punia @ Panna Lal has not been mentioned in the F.I.R.; and further investigation & trial will take time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

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(3 of 3)

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[CRLMB-11762/2021]

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Consequently, the bail applications are allowed. It is ordered that the accused-petitioners - (1) Simka @ Semu @ Shayam S/ o Kanji Charel (Bail Application No.11762/2021) and (2) Punia @ Panna Lal S/o Mansu (Bail Application No.11764/2021) , both arrested in connection with F.I.R. No.334/2021, Police Station Kotwali, District Banswara (Rajasthan), shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- with two sureties 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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4-5-Rashi/-

Simka @ Semu @ Shayam v. State of Rajasthan

Case brief

What is this about?

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Simka @ Semu @ Shayam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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