Allowed

Babu Lal S/O Ramphool v. State of Rajasthan

Rajasthan HC15 Apr 2021CRLMB/4497/2021

Case brief

AI extract

What is this about?

This order allowed a bail application filed by three accused petitioners. The High Court, without expressing an opinion on the merits, deemed it just and proper to release them under Section 439 Cr.P.C. on the condition of furnishing a personal bond with two sureties.

What did the court decide?

Bail allowed subject to a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each; order to be sent to S.P.

Babu Lal S/O Ramphool 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. 4497/2021

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Babu Lal S/o Ramphool, R/o Village Chavandpura, Thana Karwar, District Bundi (Rajasthan) (At Present Accused Petitioner Confined in Sub Jail Nainwa, District Bundi)

¶4

Rajaram S/o Madho, R/o Village Chavandpura, Thana Karwar, District Bundi (Rajasthan) (At Present Accused Petitioner Confined in Sub Jail Nainwa District Bundi)

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Rambharos S/o Pratap, R/o Village Chavandpura, Thana Karwar, District Bundi (Rajasthan) (At Present Accused Petitioner Confined in Sub Jail Nainwa District Bundi)

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----Petitioners

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s)	: Mr. Narendra Singh Chaudhary through VC
For Respondent(s)	: Mr. Pankaj Agarwal, PP
	Mr. Kailash Chand Jat, Dy. S.P., Nainwa

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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15/04/2021

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This bail application has been filed under Section 439

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Cr.P.C.

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Brief facts of the case are that an FIR No. 217/2013 was registered at P.S. Karvar, Distt. Bundi for the offences mentioned therein against the accused petitioners. During the course of investigation, the accused petitioners were arrested. Thereafter they 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 petitioners.

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(2 of 3)

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[CRLMB-4497/2021]

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Learned counsel for the petitioners submits that no criminal case is made out against the petitioners. They have been falsely implicated in the criminal case. Counsel further submits that petitioners have been arrested on the basis of circumstantial evidence after eight years of the incident. Challan has been filed on 06.03.2021. It has also been contended that the accused petitioners are in judicial lockup since 01.02.2021, trial of the case is likely to take time, hence the accused petitioners be released on bail.

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Investigating Officer-Mr. Kailash Chand Jat, Dy. S.P., Nainwa is present in Court and does not dispute the fact that statements of witnesses were got recorded under Section 161 Cr.P.C. in the year 2013.

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On the other hand, learned Public Prosecutor has opposed the bail application and submits that petitioners have been arrested after eight years of the incident on the basis of circumstantial evidence and there is no direct evidence against the petitioners.

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Taking into consideration the submissions advanced by the learned counsel for accused petitioners, note of the allegations levelled against the petitioners 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 petitioners on bail.

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Therefore, this bail application is allowed and it is directed that accused petitioners Babu Lal S/o Ramphool, Rajaram S/o Madho and Rambharos S/o Pratap shall be

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(3 of 3)

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[CRLMB-4497/2021]

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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 furnish a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) together with two sureties in the sum of Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the trial court with the stipulation that they shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.

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However, FIR was registered in the year 2013 at P.S. Karvar, District Bundi and challan has been filed on 06.03.2021. A copy of this order be sent to S.P. Bundi and it is expected that necessary action shall be taken without causing inordinate delay.

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(GOVERDHAN BARDHAR),J

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Ashu/21

Babu Lal S/O Ramphool v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Babu Lal S/O Ramphool v. State of Rajasthan

Case brief

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What did the court decide?

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