Allowed

Deepak Singh S/O Shri Yograj Singh v. State of Rajasthan

Rajasthan HC9 Jul 2021CRLMB/2866/2021

Case brief

AI extract

What is this about?

The High Court allowed the third bail application of a petitioner arrested under Sections 306, 456, and 506 of the IPC. The court considered the extended period of custody, insufficient trial progress, and pending trial due to the pandemic, granting bail without expressing an opinion on the merits.

What did the court decide?

Petitioner admitted to regular bail subject to satisfaction of the trial Court; copy of the order sent to concerned trial Court.

Deepak Singh S/O Shri Yograj Singh 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 3^rd Bail Application No. 2866/2021

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Deepak Singh S/o Shri Yograj Singh, Aged About 21 Years, R/o Vill. Madanpur Ps Udhyog Nagar Bharatpur Raj. (At Present In Central Jail Bharatpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent For Petitioner(s) : Mr. Vikram Singh Chauhan For Respondent(s) : Mr. S.S. Ola, PP

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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09/07/2021

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The present third bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 0018/2019 registered at Police Station Udhyog Nagar, District Bharatpur for the offence(s) under Sections 306, 456, 506 of IPC.

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Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that father of the deceased lodged an FIR on 19.01.2019 as her daughter committed suicide. Counsel further submits that the petitioner and deceased were having love affair and on 18.01.2019, by the efforts of the family members of both the parties, a compromise was entered between them and the petitioner decided not to talk with the deceased. Counsel further submits that in the midnight of 18.01.2019 and 19.01.2019,

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(2 of 2)

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[CRLMB-2866/2021]

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daughter of the complainant committed suicide by hanging. Counsel further submits that the petitioner is behind the bars for last about two and half years. Counsel further submits that out of 33 witnesses, statement of only 7 witnesses have been recorded. Counsel further submits that due to ongoing Covid-19, the trial is not proceeding. In support of his contention, counsel relied upon the judgment passed by the Hon’ble Supreme Court in the matter of Zahur Haider Zaidi Vs. Central Bureau of Investigation reported in (2019) 20 SCC 404 where in para 2 it has been held as under:-

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“2. Our attention has been drawn to the allegations against the appellant-accused and that he is in custody for the last 19 months. Though the appellant-accused is facing charge under Section 302, we are told that the trial has not made substantial progress beyond the framing of the charge. Completion of trial will take some time.”

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Learned Public Prosecutor has opposed the bail application.

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Considering the material on record and taking into account the facts and circumstances of the case and also considering the period of custody as well as the judgment passed by Hon’ble Supreme Court in the matter of Zahur Haider Zaidi Vs. Central Bureau of Investigation and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.

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(INDERJEET SINGH),J

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CHARU SONI /4

Deepak Singh S/O Shri Yograj Singh v. State of Rajasthan

Case brief

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Deepak Singh S/O Shri Yograj Singh v. State of Rajasthan

Case brief

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