Allowed

Anil Kumar v. State of Rajasthan

Rajasthan HC5 Feb 2022CRLMB/1706/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed common bail applications filed by Anil Kumar and Rajesh Kumar under Section 439 Cr.P.C. in a case triable by a Magistrate, granting bail subject to bond and surety conditions.

What did the court decide?

Petitioners released on bail subject to furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each to the satisfaction of the trial court.

Anil Kumar Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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(1 of 3)

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[CRLMB-1706/2022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1706/2022

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Anil Kumar S/o Jagdish Kumar, Aged About 25 Years, Khatu Shyam Colony, Jaipur Road, P.s. Jnv Colony, Bikaner (Raj.). (In Judicial Custody At Central Jail, Bikaner).

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 1707/2022

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Rajesh Kumar S/o Sh. Jagram, Aged About 23 Years, Bamblu, P.s. Jamsar, At Present Tilak Nagar, Thakur Ji Mandir Ke Pass, Bikaner (Raj.). (At Present Lodged In Central Jail, Bikaner).

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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. J.S. Choudhary, Sr. Advocate assisted by Mr. Pradeep Choudhary (In SBCRLMB No.1706/2022) & Mr. Amardeep Lamba (In SBCRLMB No.1707/2022) through VC For Respondent(s) : Mr. Vikram Sharma, PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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05/02/2022

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In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing.

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(2 of 3) [CRLMB-1706/2022]

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Both the above bail applications shall stand decided by this common order as they arise out of the same FIR.

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The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with C.R. Case No.194/2021 at Police Station JNV Colony (Bikaner), registered for the offences punishable under Sections 332, 353, 147, 148, 149, 160 of IPC.

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Heard learned counsel appearing for the petitioners through video conferencing and learned Public Prosecutor, present in person. Perused the material available on record.

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Learned counsel appearing for the petitioners stated that offence is triable by the Magistrate; benefit of bail has already been granted to the other co-accused persons, namely Naval and Rama @ Rampratap by the learned court below; charge-sheet has been filed and trial will take long time. With these submissions, learned counsel for the petitioners prayed that benefit of bail may be granted to the petitioners.

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Per contra, learned Public Prosecutor opposed the bail applications and stated that earlier, eight other cases against the accused-petitioner – Anil Kumar and one other case against the accused-petitioner - Rajesh Kumar have been registered.

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In reply, learned counsel appearing for the petitioner – Anil Kumar stated that in one earlier registered case, petitioner has already been acquitted, therefore, only seven cases are pending against him.

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Having regard to the facts and circumstances of this case, particularly to the facts that offence is triable by the Magistrate; charge-sheet has been filed and trial of the case will take sufficiently long time, therefore, without expressing any opinion

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(3 of 3)

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[CRLMB-1706/2022]

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on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

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Consequently, the present bail applications are allowed. It is ordered that the accused-petitioners – (1) Anil Kumar S/o Jagdish Kumar (in SBCRLMB No.1706/2022) and (2) Rajesh Kumar S/o Shri Jagram (in SBCRLMB No.1707/2022), arrested in connection with C.R. Case No.194/2021 at Police Station JNV Colony (Bikaner), shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of 50,000/- (Rupees Fifty₹ Thousand) and two sureties of 25,000/- (Rupees Twenty Five₹ Thousand) each to the satisfaction of the learned trial Court for their 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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(DEVENDRA KACHHAWAHA),J

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38-39-Arvind/-

Anil Kumar v. State of Rajasthan

Case brief

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Anil Kumar v. State of Rajasthan

Case brief

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