Allowed

Ramkrishan @ Kanhaiya Lal v. State of Rajasthan

Rajasthan HC16 Aug 2021CRLMB/4722/2021

Case brief

AI extract

What is this about?

In a second bail application, the High Court of Rajasthan at Jodhpur granted bail to the petitioner facing charges for attempted murder and other offences. The court relied on the petitioner's mental condition and his sister's affidavit regarding custody, imposing conditions to prevent re-offending.

What did the court decide?

Petitioner granted bail under Section 439 Cr.P.C. subject to a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each and a condition to not visit the district of the incident except for tri

Ramkrishan @ Kanhaiya Lal Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Second Bail Application No. 4722/2021

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Ramkrishan @ Kanhaiya Lal S/o Shri Mohan Lal, Aged About 31 Years, R/o Bhukhredi, Tehsil Ratangarh, District Churu. (Presently Lodged At Sub Jail, Ratangarh).

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----Petitioner

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Versus

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The State Of Rajasthan

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----Respondent

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For Petitioner(s) : Mr. Vipin Makkad For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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16/08/2021

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner has been arrested in FIR No.345/2019 of Police Station Ratangarh, District Churu for the offences punishable under Sections 323, 341, 452, 324, 326 and 307 IPC. He has preferred this second bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that the first bail application of the petitioner was rejected by this Court vide order dated 28.01.2021. It also is submitted that the petitioner was arrested on 15.08.2019 and thereafter, he was sent to the mental hospital, where he was treated and admitted for quite long. It is further submitted that now the petitioner is in jail after being treated from mental illness. It is also submitted that as

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[CRLMB-4722/2021]

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a matter of fact the petitioner has committed the crime while he was suffering from mental illness.

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Learned counsel for the petitioner has further submitted that the sister of the petitioner Chanda Devi resident of Fatehpur Sekhawati, District Sikar has filed an affidavit of this effect that if the petitioner is enlarged on bail, she will take custody and care of him. It is further submitted that the sister of the petitioner is ready to keep the petitioner with her at Fatehpur Sekhawati, District Sikar then there are least chance that the petitioner may again repeat the incident with his neighbour at Ratangarh, District Churu.

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Learned Public Prosecutor has opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case and after taking into consideration the affidavit filed on behalf of the sister of the petitioner stating that she will take custody and care of the petitioner, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. subject to the condition that the petitioner shall not visit Ratangarh, District Churu, except for the purpose of attending trial, till the conclusion of the trial against him.

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Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner-Ramkrishan @ Kanhaiya Lal S/o Shri Mohan Lal shall be released on bail in connection with FIR No.345/2019 of Police Station Ratangarh, District Churu subject to the condition that he shall not visit Ratangarh, District Churu, except for the purpose of attending trial, till the conclusion of the trial against him and provided he

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executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.250

Ramkrishan @ Kanhaiya Lal v. State of Rajasthan

Case brief

What is this about?

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Ramkrishan @ Kanhaiya Lal v. State of Rajasthan

Case brief

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