Partly allowed

Mahipal Singh v. State of Rajasthan

Rajasthan HC25 Oct 2021CRLMB/12753/2021

Case brief

AI extract

What is this about?

This order disposed of Section 439 Cr.P.C. bail applications filed by three accused persons. While Mahipal Singh's application was dismissed as not pressed, bail was granted to Hitpal Singh and Jaswant Singh, directing their release on personal and surety bonds upon furnishing sureties to the satisfaction of the learned trial Court.

What did the court decide?

Release on bail for Hitpal Singh and Jaswant Singh with personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each.

Mahipal Singh 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. 12753/2021

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Mahipal Singh S/o Shri Bheekh Singh, Aged About 27 Years, B/c Rajput, R/o Sar, Police Station Luni, District Jodhpur Rural.

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(Lodged In Central Jail, Jodhpur)

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Hitpal Singh S/o Shri Chandan Singh, Aged About 21 Years, B/c Rajput, R/o Sar, Police Station Luni, District Jodhpur Rural.

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(Lodged In Central Jail, Jodhpur)

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Jaswant Singh S/o Shri Vikram Singh, Aged About 21 Years, B/c Rajput, R/o Sar, Police Station Luni, District Jodhpur Rural.

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(Lodged In Central Jail, Jodhpur)

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----Petitioners

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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. Dhirendra Singh For Respondent(s) : Mr. Mukhtiyar Khan, P.P. Mr. Ravindra Acharya for the complainant

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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25/10/2021

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The present bail application has 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. 182/2021, Police Station Luni, District Jodhpur, registered for the offences under Sections 143, 323, 341, 279, 337, 149, 379 & 325 of IPC.

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Heard and considered the arguments advanced by the learned counsel for the petitioners and learned counsel for the

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(2 of 3)

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[CRLMB-12753/2021]

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complainant as well as learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that he does not

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want to press the bail application qua the petitioner No.1- Mahipal Singh S/o Shri Bheekh Singh filed under Section 439 Cr.P.C.

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Accordingly and in view of the above, the instant bail application filed on behalf of the accused-petitioner qua Mahipal Singh S/o Shri Bheekh Singh, is dismissed as not pressed.

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So far as other accused-petitioners are concerned, learned counsel for the petitioner stated that prosecution is not sure about author of the injuries; injuries were not specifically attributed to accused-petitioners; accused-petitioners are behind the bars for approximately one and a half months; 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 accused-petitioners.

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Per contra, learned Public Prosecutor has opposed the bail application and stated that injured Papa Ram supported the story of prosecution and main allegation is made against the accusedpetitioner Mahipal Singh. Statement of injured Papa Ram supported by expert opinion report submitted by learned PP in compliance of order dated 04.10.2021.

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Having regard to the facts and circumstances of the case, particularly to the fact that allegations have been specifically made against the accused-Mahipal Singh; accused-petitioners are behind the bars for approximately one and a half months and trial will take sufficiently long time, therefore, without expressing any

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(3 of 3)

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[CRLMB-12753/2021]

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opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioners No. (1). Hitpal Singh S/o Shri Chandan Singh and (2). Jaswant Singh S/o Shri Vikram Singh, arrested in connection with F.I.R. No. 182/2021, Police Station Luni, District Jodhpur, 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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36-/Akshay/-

Mahipal Singh v. State of Rajasthan

Case brief

What is this about?

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Mahipal Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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