Allowed

Kushpal @ Khushpal Singh v. State

Rajasthan HC5 Apr 2022CRLMB/4093/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed a bail application filed by six petitioners in judicial custody accused of offences under the IPC and Mining and Mineral Development (Conservation and Development) Act. The court ordered their release upon furnishing bonds if not wanted in other proceedings.

What did the court decide?

Release of petitioners on bail with one personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each, conditioned to appear before the trial court.

Kushpal @ Khushpal Singh Vs State — Public Procurement and Tenders | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4093/2022

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Kushpal @ Khushpal Singh S/o Kan Singh, Aged About 29 Years, R/o Jhalo Ka Guda P.S. Sukher Dist. Udaipur (Presently Lodged At Central Jail Udaipur)

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Kan Singh S/o Shri Fateh Singh, Aged About 56 Years, R/o Jhalo Ka Guda PS Sukher Dist. Udaipur (Presently Lodged At Central Jail Udaipur)

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Pushkar Singh S/o Shri Lal Singh, Aged About 38 Years, R/o Jhalo Ka Guda PS Sukher Dist. Udaipur (Presently Lodged At Central Jail Udaipur)

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Lal Singh S/o Shri Udai Singh, Aged About 55 Years, R/o Jhalo Ka Guda PS Sukher Dist. Udaipur (Presently Lodged At Central Jail Udaipur)

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Bhim Singh S/o Shri Dule Singh, Aged About 65 Years, R/o Jhalo Ka Guda PS Sukher Dist. Udaipur (Presently Lodged At Central Jail Udaipur)

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Dalpat Singh S/o Shri Bhim Singh, Aged About 41 Years, R/o Jhalo Ka Guda PS Sukher Dist. Udaipur (Presently Lodged At Central Jail Udaipur)

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	----Petitioners Versus
State of Rajasthan t	hrough PP
	----Respondent
For Petitioner(s)	: Mr. Vineet Jain, Sr. Advocate assisted byMr. Rajiv Bishnoi
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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05/04/2022

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The present bail application has 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.141/2021, Police Station Ghasa, District

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(2 of 3)

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[CRLMB-4093/2022]

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Udaipur, registered for the offence punishable under Sections 143, 332, 353 & 379 of the Indian Penal Code and Section 4/21 of the MMDR Act.

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Heard and considered arguments advanced by learned counsel for the petitioners as well as learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioners stated that petitioners were not found at the place of incident; petitioners are not involved in the illegal mining work; vehicles were found in an abandoned position and the officers of the Mining Department tried to seize the other vehicles of the villagers, therefore, agitation was made by the villagers; petitioners were falsely been implicated in this case; petitioners are behind the bars since 20.03.2022; no investigation or recovery is pending against the petitioners; and trial will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the petitioners.

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Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioners and stated that one case each is registered against the accused-petitioners - Kan Singh, Pushkar Singh and Dalpat Singh.

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Having regard to the facts and circumstances of the case, particularly looking to the facts that previously registered cases against the accused-petitioners are triable by the First Class Magistrate and road accident cases; accused-petitioners are behind the bars since 20.03.2022; further investigation and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the

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(3 of 3)

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[CRLMB-4093/2022]

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opinion that the bail application filed by the petitioners deserves to be accepted.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioners – (1) Kushpal @ Khushpal Singh S/o Kan Singh, (2) Kan Singh S/o Shri Fateh Singh, (3) Pushkar Singh S/o Shri Lal Singh, (4) Lal Singh S/o Shri Udai Singh, (5) Bhim Singh S/o Shri Dule Singh and (6) Dalpat Singh S/o Shri Bhim Singh, all arrested in connection with F.I.R. No.141/2021, Police Station Ghasa, District Udaipur, 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 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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43-Rashi/-

Kushpal @ Khushpal Singh v. State

Case brief

What is this about?

What did the court decide?

Kushpal @ Khushpal Singh v. State

Case brief

What is this about?

What did the court decide?

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