Allowed

Gopal @ Sonu v. State of Rajasthan

Rajasthan HC14 Jan 2021CRLMB/120/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed two bail applications under Section 439 Cr.P.C. The court granted bail to two petitioners involved in an altercation over a gas cylinder, noting no weapon was used, no prior criminal antecedents, and that the charge-sheet was filed.

What did the court decide?

Applicants released on bail by executing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Gopal @ Sonu Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Second Bail Application No. 489/2021
Nirmal S/o Rooplal Dangi, Aged About 26 Years, 726/26, Opposite
To New Track Offset, Sector No. 3, Hiranmagri, Udaipur, District
Uaipur. (At Present Lodged At District Jail Udaipur).
----Petitioner
Versus
State, Through P.p.
----Respondent
Connected With
S.B. Criminal Miscellaneous Second Bail Application No. 120/2021
Gopal @ Sonu S/o Narayan Lal Dangi, Aged About 22 Years, R/o
Badi Nokha, Near Kumbhnagar, Police Station Hiranmagri, Dist.
Udaipur (Raj.). (Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. K.R. Raj Singh
Mr. JVS Deora
For Respondent(s) : Mr. Gaurav Singh, PP

¶3

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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14/01/2021

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In wake of onslaught of COVID-19, abundant caution is being

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taken while hearing the matters in Court.

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This Court perused the material available on record.

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The petitioners have been arrested in connection with FIR No.

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246/2020 of Police Station, Hiranmagri, District Udaipur for the offences punishable under Sections 307, 325, 341, 323/34 IPC. They

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have preferred these bail applications under Section 439 Cr.P.C.

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(2 of 2)

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[CRLMB-489/2021]

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Counsel for the petitioner submits that due to sudden

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altercation regarding gas cylinder, the incident happened. There was neither any previous animosity nor any other pre-determination for the act in-question.

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Counsel for the petitioner further submits that no weapon was used in the crime and charge-sheet has already been filed.

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Learned Public Prosecutor submits that the nature of injury do not warrant grant of bail.

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This Court on consideration of the fact that no weapon was used in crime and also that due to sudden altercation regarding dispute of gas cylinder the incident in-question happened. This Court also takes note of the fact that there is no previous criminal antecedents of the present petitioners and the fact that charge-sheet has already been filed, thus, is inclined to grant these bail applications.

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Accordingly, this bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Nirmal S/o Rooplal Dangi & (2) Gopal @ Sonu S/o Narayan Lal Dangi shall be released on bail in connection with FIR No. 246/2020 of Police Station, Hiranmagri, District Udaipur provided each of them 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 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.

¶20

(DR. PUSHPENDRA SINGH BHATI),J.

¶21

29-30 Sanjay/-

Gopal @ Sonu v. State of Rajasthan

Case brief

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Gopal @ Sonu v. State of Rajasthan

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