Allowed

Arin @ Happy v. State of Rajasthan

Rajasthan HC15 Feb 2022CRLMB/1310/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the accused petitioner's third bail application in a criminal case under the IPC. The court relied on the injured witness's admission that the petitioner was not present at the scene of the incident.

What did the court decide?

The petitioner Arin @ Happy is to be released on bail on a personal bond of Rs.50,000 and two surety bonds of Rs.25,000 each, provided he is not wanted in any other case.

Arin @ Happy Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous III Bail Application No. 1310/2022

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Arin @ Happy S/o Shri Udai Ram, Aged About 18 Years, B/c Jat, R/o Type/2-50, Anu Kiran Colony, Rawatbhata, District Chittorgarh, Rajasthan. (Presently Lodged At Sub Jail, Begun, District Chittorgarh)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Chaitanya Gahlot For Respondent(s) : Mr. Mukhtyar Khan, PP Mr. Mohan Ram Choudhary, for complainant

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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15/02/2022

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Accused petitioner has made this third attempt for seeking bail in connection with FIR No.135/2021 of Police Station Rawatbhata, District Chittorgarh, for offences punishable under Sections 323, 341, 504, 506, 307 & 34 IPC.

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The first bail application at the behest of the petitioner was dismissed as not pressed by this Court vide order dated 10.08.2021, with liberty to file a fresh bail application after filing of charge-sheet.

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The second bail application was also dismissed as not pressed by this Court vide order dated 29.09.2021, with liberty to file fresh bail application after recording of statement of injured Piyush.

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(2 of 3)

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[CRLMB-1310/2022]

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Heard learned counsel for the petitioner and learned Public Prosecutor so also perused the material available on record.

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Pressing this third bail application, it is submitted by learned counsel for the petitioner that the statement of injured Piyush has been recorded by learned trial court as PW1, wherein one question was asked with the permission of the Court under Section 162 Cr.P.C., in reply to that question, the witness has stated that from A to B of Exhibit-P/3 i.e. police statement of the injured is wrong and he stated that said statement was not given by him and it was further stated that Happy Choudhary was not present at the place of occurrence. It is further stated that trial will likely to take time, therefore, in these circumstances, benefit of bail may be granted to the accused petitioner.

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Per contra, learned Public Prosecutor so also learned counsel appearing for the complainant have opposed the bail application of the accused petitioner but does not controvert the arguments advanced by learned counsel for the petitioner.

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Having regard to the facts and circumstances of the case, particularly to the fact that injured Piyush (PW1) admitted that the accused petitioner was not present on the spot, the place of occurrence; the trial is likely to take time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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(3 of 3)

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[CRLMB-1310/2022]

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Accordingly, the third bail application is allowed. It is ordered that the accused-petitioner Arin @ Happy son of Udai Ram arrested in connection with F.I.R. No.135/2021, Police Station Rawatbhata, District Chittorgarh, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(DEVENDRA KACHHAWAHA),J

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71-Vij/-

Arin @ Happy v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Arin @ Happy v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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