Allowed

Tarkeshwari Chauhan W/O Shri Vijay Singh v. State of Rajasthan

Rajasthan HC19 Jul 2021CRLMB/4150/2021

Case brief

AI extract

What is this about?

Hon'ble Justice Chandra Kumar Songara allowed two connected anticipatory bail applications filed under Section 438 Cr.P.C. involving offences of voluntarily causing hurt, criminal intimidation, criminal trespass, and criminal breach of peace. The petitioners, an elderly woman and her husband, were granted bail subject to executing a personal bond with sureties and adhering to conditions regarding

What did the court decide?

Petitioners released on anticipatory bail via personal bond of Rs. 50,000 each with two sureties of Rs. 25,000 each.

Tarkeshwari Chauhan W/O Shri Vijay Singh Vs State of… — 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. 4150/2021

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Tarkeshwari Chauhan W/o Shri Vijay Singh, aged about 50 Years, R/o 1276/9 A, Sector, Gurugram (Haryana)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 5635/2021

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Vijay Singh S/o Shri Sumer Singh Chauhaan, aged about 54 Years, R/o 1276/9A, Sector, Gurugram (Haryana)

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----Petitioner

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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. Amitabh Vijaywargia For Respondent(s) : Mr. Ramesh Choudhary, Public Prosecutor

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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19/07/2021

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These anticipatory bail applications have been filed under Section 438 Cr.P.C. in connection with FIR No. 25/2021, registered at Police Station Jhotwara, District Jaipur for the offences under Sections 323, 341, 452 & 382 of IPC.

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Learned counsel for the petitioners submits that there is a civil dispute between the parties and there was an inordinate delay in lodging the FIR. Counsel further submits that petitioner No.1 is old lady, suffering various ailments and no recovery is to

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(2 of 3)

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[CRLMB-4150/2021]

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be made from the petitioner No.1. Counsel also submits that there is no criminal antecedents against the petitioners. Hence, the petitioners may be released on anticipatory bail.

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On the other hand, learned Public Prosecutor has opposed the bail applications and submitted factual report and as per the said report, offences under Sections 323, 341, 452 & 382 of IPC was not found against the petitioners in investigation.

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Heard and perused the material available on the record. Petitioners have been granted interim bail since 26.03.2021.

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Taking into consideration the submissions made by the learned counsel for the petitioners and looking to the factual report but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioners on anticipatory bail.

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Accordingly, these anticipatory bail applications are allowed and it is ordered that in case of arrest of the petitioners Tarkeshwari Chauhan W/o Shri Vijay Singh and Vijay Singh S/o Shri Sumer Singh Chauhaan in the aforesaid FIR by the investigation officer, they shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/together with two sureties in the sum of Rs 25,000/- (out of which one surety shall be the resident of Jaipur Metro or District) each to the satisfaction of concerned SHO/IO on the following conditions:

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i) That the petitioners will make themselves available for the investigation as and when required by the investigation officer.

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ii) That the petitioners will not leave India without permission of the Court.

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(3 of 3)

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[CRLMB-4150/2021]

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iii) That the petitioners will not temper with the evidence or threaten or pressurize the witnesses in the case.

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(CHANDRA KUMAR SONGARA),J

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Satyendra/5-6

Tarkeshwari Chauhan W/O Shri Vijay Singh v. State of Rajasthan

Case brief

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Tarkeshwari Chauhan W/O Shri Vijay Singh v. State of Rajasthan

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