Allowed

Hemant Kumar S/O Shri Birbal v. State of Rajasthan

Rajasthan HC12 Nov 2021CRLMB/17699/2021

Case brief

AI extract

What is this about?

A single bench of the Rajasthan High Court released the petitioner on bail under Section 439 Cr.P.C. without expressing an opinion on the merits, directing him to execute a personal bond with two sureties and appear in court as called upon.

What did the court decide?

Petitioner released on bail in connection with the registered FIR upon furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Hemant Kumar S/O Shri Birbal Vs State of Rajasthan — 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 Miscellaneous Bail Application No. 17699/2021

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Hemant Kumar S/o Shri Birbal, Aged About 27 Years, R/o Kishanpura, P.S. Ranoli, Dist. Sikar (Rajasthan) (At Present Accused Confined In Dist. Jail Sikar)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent For Petitioner(s) : Mr. Amit Singh Shekhawat For Respondent(s) : Mr. Laxman Meena, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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12/11/2021

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This bail application has been filed by the accused petitioner under Section 439 Cr.P.C.

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Brief facts of the case are that an FIR No.645/2021 was registered at P.S. Udhyog Nagar, District Sikar for the offences mentioned therein against the accused petitioner. During the course of investigation, the accused petitioner was arrested. Thereafter, he moved the bail application before the trial court, which vide impugned order dismissed the same. Hence, this bail application has been filed on behalf of the petitioner.

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Learned counsel for the accused petitioner submits that the petitioner has been falsely implicated in the present case as he has nothing to do with the alleged incident. Learned counsel submits that co-accused Ashok Kumar Meel has been granted benefit of bail by the Co-ordinate Bench of this Court vide order

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(2 of 2)

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[CRLMB-17699/2021]

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dated 25.10.2021. Counsel further submits that the accused petitioner is behind bars since 23.09.2021. Conclusion of the trial may likely take time. Hence the accused petitioner be released on bail.

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On the other hand, learned Public Prosecutor has opposed the bail application.

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Taking into consideration the submissions advanced by the learned counsel for accused petitioner, note of the allegations levelled against the petitioner as also looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to release the petitioner on bail.

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Therefore, this bail application under Section 439 Cr.P.C. is allowed and it is directed that accused petitioner Hemant Kumar S/o Shri Birbal shall be released on bail in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court with the stipulation that he shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.

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(MADAN GOPAL VYAS),J

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Ritu/18

Hemant Kumar S/O Shri Birbal v. State of Rajasthan

Case brief

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Hemant Kumar S/O Shri Birbal v. State of Rajasthan

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