Partly allowed

Surendra @ Surya @ Suraj Singh v. State of Rajasthan

Rajasthan HC7 Feb 2022CRLMB/1731/2022

Case brief

AI extract

What is this about?

This order disposed of five second bail applications filed under Section 439 Cr.P.C. Bail was granted to four petitioners arrested in an FIR for offences under IPC, subject to bond conditions, as the charge-sheet was filed and injuries were not life-threatening. The application of one petitioner, Surendra, was dismissed as abated due to his death in jail.

What did the court decide?

Bail granted to Rohit, Rahul, Kamal, Shani and Akash subject to bond conditions; Bail application of Surendra dismissed as abated due to his death.

Surendra @ Surya @ Suraj Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. 2^nd Bail Application No. 1730/2022

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Rohit S/o Shri Kailash, Aged About 20 Years, R/o Kelwada, P.S. Kelwada, Dist. Rajsamand.

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(At Present Lodged At District Jail, Rajsamand)

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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. 1731/2022

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Surendra @ Surya @ Suraj Singh S/o Shri Prithvi Singh, Aged About 26 Years, R/o Kelwada, P.S. Kelwada, Dist. - Rajsamand. (At Present Lodged At District Jail, Rajsamand)

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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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S.B. Criminal Miscellaneous Bail Application No. 1732/2022

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1. Rahul S/o Shri Ramesh, Aged About 20 Years, R/o Kelwada, P.S. Kelwada, Dist. Rajsamand. (At Present Lodged At District Jail, Rajsamand)

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Kamal S/o Shri Kalulal, Aged About 23 Years, R/o Kelwada, P.S. Kelwada, Dist. Rajsamand. (At Present Lodged At District Jail, Rajsamand)

¶19

Shani S/o Shri Kanhaya Lal, Aged About 20 Years, R/o Kelwada, P.S. Kelwada, Dist. Rajsamand. (At Present Lodged At District Jail, Rajsamand)

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----Petitioners

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Versus

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State of Rajasthan through PP

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 1734/2022

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Akash S/o Shri Rajesh, Aged About 21 Years, R/o Kelwada, P.S. Kelwada, Dist. - Rajsamand

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(At Present Lodged At District Jail, Rajsamand.)

(2 of 4)

[CRLMB-1730/2022]

----Petitioner

Versus

State of Rajasthan through PP

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----Respondent

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For Petitioner(s) : Mr. S.S. Sisodia through VC For Respondent(s) : Mr. S.S. Rajpurohit, PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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07/02/2022

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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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In S.B. Criminal Misc. 2nd Bail Application No.1730/2022, 1732/2022 and 1734/2022:-

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The present second bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.222/2021, Police Station Kelwada, District Rajsamand, registered for the offences punishable under Sections 147, 148, 149, 323, 341, 325, 308 and 395 of the Indian Penal Code.

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Heard and considered arguments advanced by learned counsel 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 for the petitioners stated that at the time of rejection of first bail application (No.17059/2021) vide order dated

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(3 of 4) [CRLMB-1730/2022]

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10.01.2022, liberty was granted to the petitioners to file a fresh bail application after filing of the charge-sheet; thereafter, chargesheet has been filed; none of the injuries is declared to be dangerous to life; petitioners are behind the bars since 03.12.2021; and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may also be granted to the petitioners.

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Per contra, learned Public Prosecutor has opposed the bail applications of the accused-petitioners and requested to call for the antecedents of the accused-petitioners.

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In reply, learned counsel for the petitioners stated at bar that no other cases are registered against the petitioners.

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Having regard to the facts and circumstances of the case, particularly looking to the facts that charge-sheet has been filed; none of the injury is declared to be dangerous to life; and trial will take sufficiently long time, therefore, without expressing any opinion 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 bail applications are allowed. It is ordered that the petitioners - Rohit S/o Shri Kailash, (Bail Application No.1730/2022), (1) Rahul S/o Shri Ramesh, (2) Kamal S/o Shri Kalulal and (3) Shani S/o Shri Kanhaya Lal, (Bail Application No.1732/2022) and Akash S/o Shri Rajesh, (Bail Application No.1734/2022) all arrested in connection with F.I.R. No.222/2021, Police Station Kelwada, District Rajsamand, shall be released on bail, if not wanted in any other case; provided each of them furnishes a personal bond of Rs.50,000/- with two

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(4 of 4) [CRLMB-1730/2022]

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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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S.B. Criminal Misc. II Bail Application No. 1731/2022:-

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Learned counsel for the petitioner stated that the accused has expired while he was in Jail, therefore, the present bail application may kindly be dismissed as abated.

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Accordingly and in view of the submissions made hereinabove, the present bail application filed under Section 439 Cr.P.C. on behalf of the accused-petitioner, Surendra @ Surya @ Suraj Singh S/o Shri Prithvi Singh, is dismissed as abated.

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(DEVENDRA KACHHAWAHA),J

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42/43/44/45-Rashi/-

Surendra @ Surya @ Suraj Singh v. State of Rajasthan

Case brief

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Surendra @ Surya @ Suraj Singh v. State of Rajasthan

Case brief

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