Dismissed

Balwant S/O Bhagirath Mal Gurjar, v. State of Rajasthan

Rajasthan HC7 Jul 2021CRLMB/9829/2021

Case brief

AI extract

What is this about?

This court dismissed a second application under Section 438 Cr.P.C. for anticipatory bail. The petitioners argued their first application should have been granted, citing a related pending case and a high-profile order. The court rejected this, noting the petitioner is named in the current FIR and has criminal antecedents, and found no change in circumstances.

What did the court decide?

The second anticipatory bail application was dismissed.

Balwant S/O Bhagirath Mal Gurjar, 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 IInd Bail Application No. 9829/2021

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Balwant S/o Bhagirath Mal Gurjar, aged about 19 Years, R/o Dhudwa Tehsil Khetri, District Jhunjhunu, Raj.

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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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For Petitioner(s) : Mr. Inder Raj Saini with Mr. Nikhil Saini For Respondent(s) : Mr. Ramesh Choudhary, Public Prosecutor with Mr. C.G. Chopra, Public Prosecutor

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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07/07/2021

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This second bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 547/2020, registered at Police Station Khetri, District Jhunjhunu for the offences under Sections 143, 332, 353, 427, 224 & 225 of IPC.

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Learned counsel for the petitioner submits that the petitioner has not been named in the FIR and the entire proceedings were initiated with an ulterior motive as an FIR was registered against the petitioner bearing No.128/2020 under Sections 363 & 366 of IPC, wherein the petitioner was granted bail by the court below. However, at the behest of the complainant, it was cancelled by the Special Court and subsequently, the Hon’ble High Court vide order dated 09.11.2020, set aside the order of cancellation and maintained the order of bail of the petitioner. A

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(2 of 2) [CRLMB-9829/2021]

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copy of the order dated 09.11.2020 is enclosed herewith and marked as Annexure-3. Counsel further submits that the first bail application of the petitioner was dismissed on the ground that criminal case No.128/2020 is pending against the petitioner and is still at investigation stage. In that case, Hon’ble High Court has maintained the order of grant of bail by the court below. Hence, the second anticipatory bail application of the petitioner may be granted.

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On the other hand, learned Public Prosecutor has opposed the bail application.

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Heard and perused the material available on the record. First anticipatory bail of the petitioner was dismissed by this court vide order dated 27.04.2021 and since then, there is no change in facts and circumstances of the case. The petitioner is also named in the FIR and having criminal antecedents of one case bearing No.128/2020 filed under Sections 363, 366, 344 & 376 of IPC and under Sections 3/4 & 5/6 of POCSO Act. Therefore, looking to the above facts and circumstances of the case but without expressing any opinion on the merits and demerits of the case, I deem it not proper to enlarge the petitioner on anticipatory bail.

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Accordingly, this second anticipatory bail application is

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dismissed.

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(CHANDRA KUMAR SONGARA),J

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Satyendra/3

Balwant S/O Bhagirath Mal Gurjar, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Balwant S/O Bhagirath Mal Gurjar, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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