Partly allowed

Shiv Singh S/O Devilal Tanwar v. State of Rajasthan

Rajasthan HC1 Apr 2021CRLMB/3849/2021

Case brief

AI extract

What is this about?

HC Jaipur disposed of bail applications filed by three accused in same FIR. Bail of Shiv Singh was allowed withdrawn. Bail of Gokul and Devsingh was allowed subject to furnishing personal bond and sureties under Cr.P.C.

What did the court decide?

Gokul & Devsingh released on bail under Section 439 Cr.P.C. with personal bond of Rs.1 lac and two sureties of Rs.50k each; Shiv Singh's application dismissed as withdrawn.

Shiv Singh S/O Devilal Tanwar Vs State of Rajasthan — Anticipatory Bail | 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. 3849/2021

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Shiv Singh S/o Devilal Tanwar, Resident Of Achalpura Police Station Bhojpur (MP) (At Present Confined In Sub District Jail, Aklera, District Jhalawar (Raj.)

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Gokul S/o Kisan Tanwar, Resident Of Neemkheda Police Station Ghatoli, District Jhalwar (Raj.) (At Present Confined In Sub District Jail, Aklera, District Jhalawar (Raj.)

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----Accused-Petitioners 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 Miscellaneous Bail Application No. 4638/2021 Devsingh S/o Kishanlal Tanwar, Resident Of Neemkheda Police Station Ghatoli District Jhalawar (Raj) (At Present Confined In Sub-District Jail, Aklera District Jhalawar (Raj.)

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----Accused-Petitioner

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Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Laxman Meena, P.P.

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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01/04/2021

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Learned counsel for the petitioners wants to withdraw the bail application of accused-petitioner No.1 Shiv Singh S/o Devilal Tanwar.

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(2 of 3) [CRLMB-3849/2021]

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The bail application of accused-petitioner No.1 Shiv Singh S/o Devilal Tanwar is dismissed as withdrawn.

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The present bail applications have been filed under Section 439 Cr.P.C. The petitioners Gokul & Devsingh have been arrested in connection with FIR No.34/2021 registered at Police Station Ghatoli, District Jhalawar for the offence under Section(s) 143, 341, 365, 323, 342 & 294 of IPC and under Section 67-A of IT Act and later on for the offence under Section(s) 143, 323, 342, 324, 355, 365, 368, 328 & 385 of IPC and under Section 67-A of IT Act.

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Learned counsel for the petitioners submitted that it is a case of version and cross-version. He submitted that all the injuries suffered by injured Amar Singh are simple in nature. He submitted that the petitioners Gokul & Devsingh are in custody for last about two months, they have no criminal antecedents and prayed for their release on bail.

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Learned Public Prosecutor has opposed the bail applications. Taking into consideration the submissions advanced by learned counsel for the petitioners, the nature of allegation against them, their length of custody, the material contained therein in the charge sheet and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners Gokul & Devsingh on bail.

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Accordingly, the bail application No.3849/2021 is partly allowed and bail application No.4638/2021 is allowed and it is directed that accused-petitioners 1. Gokul S/o Kisan Tanwar & 2. Devsingh S/o Kishanlal Tanwar shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided each of them shall

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(3 of 3)

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[CRLMB-3849/2021]

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furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/(Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that they shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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(MAHENDAR KUMAR GOYAL),J

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DANISH USMANI /05 & 06

Shiv Singh S/O Devilal Tanwar v. State of Rajasthan

Case brief

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Shiv Singh S/O Devilal Tanwar v. State of Rajasthan

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