Allowed

Labesh Sharma S/O Shri Anil Kumar v. State of Rajasthan

Rajasthan HC5 Dec 2022CRLMB/10795/2022

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C. for murder charges, the High Court held it just and proper to enlarge the petitioner on bail, without expressing an opinion on the merits, directing him to furnish a personal bond and two sureties.

What did the court decide?

Enlargement of the petitioner on bail with a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Labesh Sharma S/O Shri Anil Kumar Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10795/2022

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Labesh Sharma S/o Shri Anil Kumar, Aged About 28 Years, R/o Sulekh Nagar, Ciment Road, Kasba Ramganj Mandi, Police Station Ramganj Mandi Distt. Kota And Flat No. B-601, Rama Krishnan Apartment Near Dwarka Das Park Mansarover, P.s. Shipra Path, Jaipur. (Presently Lodged At Central Jail Jaipur)

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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. Ajay Kumar Jain, Advocate For Respondent(s) : Mr. G.S. Rathore, Government Advocate-cum-Additional Advocate General Mr. Sudhir Jain, Advocate for complainant

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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05/12/2022

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This bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No. 153/2022 registered at Police Station Shipra Path, District Jaipur for the offences under Sections 302, 323 & 34 of IPC.

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Learned counsel for the petitioner submits that the petitioner neither has been named in the FIR nor in the Police statement of the complainant-Ganesh Singh Bohra and brother of the deceased-Deepak Singh Bohra. Learned counsel further submits that at the instance of the petitioner, one iron rod has been recovered and as per recovery memo, blood stains were not found on the alleged iron rod. Learned counsel further submits

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(2 of 2) [CRLMB-10795/2022]

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that the petitioner is behind the bars since 16.05.2022 and he has no criminal antecedents. Hence, the accused-petitioner may kindly be released on bail.

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Learned Government Advocate as well as learned counsel for the complainant has strongly opposed the bail application. It is submitted by learned counsel for the complainant that looking to the facts narrated in the charge-sheet, bail application of the petitioner may kindly be rejected.

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Heard learned counsel and perused the material available on record.

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Considering the submissions made by learned counsel for the petitioner and taking into consideration overall facts and circumstances of the case but; without expressing any opinion on the merits/demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioner Labesh Sharma S/o Shri Anil Kumar shall be enlarged on bail; provided he furnishes a personal bond in the sum of Rs.50,000/with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

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(CHANDRA KUMAR SONGARA),J

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Ashish Kumar /7

Labesh Sharma S/O Shri Anil Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Labesh Sharma S/O Shri Anil Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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