Allowed

Jiya Chand Sikalgar D/O Chand Sikalgar v. State of Rajasthan

Rajasthan HC6 Apr 2021CRLMB/4597/2021

Case brief

AI extract

What is this about?

In this bail application, the High Court of Rajasthan allowed the release of the accused-petitioner on bail under Section 439 Cr.P.C. The court, without expressing an opinion on the merits, deemed it just and proper to grant bail after considering her lack of criminal antecedents and length of custody.

What did the court decide?

The petitioner was released on bail on a personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each, complying with Section 437(3) Cr.P.C.

Jiya Chand Sikalgar D/O Chand Sikalgar 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. 4597/2021

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Jiya Chand Sikalgar D/o Chand Sikalgar, Aged About 27 Years, Resident Of Karad Samarth Colony, Govare Road, District Satara (Maharashtra) At Present R/o Police Colony, House Of Shivdhan, Sarnovat Badi, Kolhapur (Maharashtra) (At Present In Central Jail, Alwar)

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----Accused/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. Mahesh Gupta,through VC
For Respondent(s)	: Mr. Rajendra Yadav, GA-cum-AAG, Mr. Pankaj Agrawal, P.P.,
	Mr. Siddhant Sharma, Ad. S.P., I.G. Office,Jaipur.

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order

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06/04/2021

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The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.741/2019 registered at Police Station Behror, Police District Bhiwadi, District Alwar (Rajasthan) for the offence under Section(s) 147, 148, 149, 332, 353, 307, 224, 225 & 450 IPC, under Section 4 of P.D.P.P. Act & under Section(s) 7/27 of Arms Act and later on for the offence under Section(s) 147, 148, 149, 332, 353, 307, 224, 225, 450, 459/34, 120-B, 420, 465, 466, 467, 468, 471 & 216 of IPC and under Section(s) 3/25 & 7/27 of Arms Act.

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Learned counsel for the petitioner contended that only allegation against the petitioner is of harbouring the co-accused which is bailable. Learned counsel submitted that although, there is allegation against her of helping the co-accused in preparing forged Aadhaar Card; but, the charge sheet is bereft of any material to substantiate the same. He submitted that the

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(2 of 2)

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[CRLMB-4597/2021]

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petitioner is in custody since 28.01.2021, charge sheet has been filed, trial of the case will take time, she has no criminal antecedents and prayed for her release on bail.

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Opposing the bail application, learned Government Advocate cum Additional Advocate General submitted that the petitioner has not only given shelter to a dreaded criminal; but, also assisted him in forging Aadhaar Card and hence, looking to the gravity of allegation against her, she does not deserve indulgence of bail.

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Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against the petitioner, the material contained in the case diary, her length of custody, filing of 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 petitioner on bail.

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Accordingly, the bail application is allowed and it is directed that accused-petitioner Jiya Chand Sikalgar D/o Chand Sikalgar shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided she furnishes 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 she 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 /02

Jiya Chand Sikalgar D/O Chand Sikalgar v. State of Rajasthan

Case brief

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Jiya Chand Sikalgar D/O Chand Sikalgar v. State of Rajasthan

Case brief

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