Dismissed

Ajay Singh S/O Sumer Singh v. State of Rajasthan

Rajasthan HC16 Mar 2022CRLMB/2120/2022

Case brief

AI extract

What is this about?

Single judge bench dismissed bail application filed under Section 439 Cr.P.C. The court held that without expressing an opinion on merits, it was not proper to enlarge the petitioner on bail given the grievous nature of injuries caused to the victim, despite co-accused bail.

What did the court decide?

Petitioner at liberty to file afresh after recording statement of the injured.

Ajay Singh S/O Sumer Singh Vs State of Rajasthan — Cheating and Forgery | 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. 2120/2022

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Ajay Singh S/o Sumer Singh, Aged About 18 Years, R/o Ganvali, Police Station Paatan, District Sikar, Rajasthan. (At Present Confined In Sub Jail Neem Ka Thana District Sikar)

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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 For Petitioner(s) : Mr. Vijay Singh Yadav For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG Mr. Rishi Raj Singh Rathore for complainant

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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16/03/2022

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This bail application has been filed under Section 439 Cr.P.C in connection with FIR No.311/2021 registered at Police Station Patan, District Sikar for the offences under Sections 143, 308, 326, 341, 323, 379 & 506 of IPC.

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Learned counsel for the petitioner submits that the petitioner is behind the bars since long and charge-sheet has already been filed. Counsel further submits that the petitioner is a student and as per FIR, no specific allegation has been made against the him. Counsel also submits that the bail application of co-accused Sumer Singh & Ors. has already been granted by the coordinate Bench of this Court vide order dated 09.12.2021. Hence, the petitioner may kindly be released on bail.

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(2 of 2)

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[CRLMB-2120/2022]

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Learned Government Advocate-cum-Additional

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Advocate General and learned counsel for the complainant have strongly opposed the bail application.

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Heard. Perused the material available on the record.

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As per FIR and Police statement of injured Ratan Singh, the petitioner inflicted injuries on his eye and head, thereby, he got injuries on his eye and head and as per injury report of injured Ratan Singh, injury Nos.1 and 2 are swelling & lacerated wound on his left-eye and both are grievous in nature.

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During the course of arguments, learned counsel for the complainant has submitted a injury report of injured Ratan Singh by Jai Prakash Narayan Apex Trauma Centre, New Delhi for kind perusal. As per that report, there is loss of vision in right-eye of injured Ratan Singh and as per the bail order of co-accused Sumer Singh & Ors. passed by the coordinate Bench of this Court on 09.12.2021, learned counsel for the petitioner argued that it was the accused-Vijay Singh and Ajay Singh, who assaulted the victim-Ratan Singh. Therefore, looking to the above facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, I deem it not proper to enlarge the petitioner on bail.

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Accordingly, the bail application of the petitioner under Section 439 Cr.P.C. is dismissed. However, the petitioner would be at liberty to file afresh after recording statement of the injured Ratan Singh.

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(CHANDRA KUMAR SONGARA),J

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Satyendra/21

Ajay Singh S/O Sumer Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ajay Singh S/O Sumer Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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