Allowed

Raju @ Rajiya @ Rajeev v. State

Rajasthan HC18 Feb 2022CRLMB/459/2022

Case brief

AI extract

What is this about?

High Court allowed bail to the petitioner in a criminal case involving IPC offences including attempted murder, Excise, and Arms Act violations. The Court held the application deserves acceptance given the charge-sheet status and trial delay, subject to executing a bond.

What did the court decide?

Petitioner allowed to be released on bail on furnishing personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the trial court.

Raju @ Rajiya @ Rajeev Vs State — Murder and Culpable Homicide | 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. 459/2022

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Raju @ Rajiya @ Rajeev S/o Shankar Lal, Aged About 34 Years, Dhelana Thana, Rishabh Dev, Dist. Udaipur (Raj.). (At Present Lodged In Central Jail, Udaipur).

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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. Ram Singh Rawal
For Respondent(s)	: Mr. Mukesh Trivedi,PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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18/02/2022

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.63/2017, Police Station Mandawa, District Udaipur, registered for the offence punishable under Sections 307, 332, 353 and 224 of the Indian Penal Code, Section 19/54 of Rajasthan Excise Act and Sections 3, 25 of the Arms Act.

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

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Learned counsel for the petitioner stated that except offence punishable under Section 307 of IPC, all other offences are triable by Magistrate; charge-sheet has been filed; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

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(2 of 2)

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[CRLMB-459/2022]

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Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that sixteen other cases have been registered against the accused-petitioner.

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Having regard to the facts and circumstances of the case, particularly looking to the facts that other co-accused persons who have substantial criminal antecedents have also been granted benefit of bail; except offence punishable under Section 307 of IPC, all other offences are triable by the First Class Magistrate; charge-sheet has been filed; 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 application filed by the petitioner deserves to be accepted.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Raju @ Rajiya @ Rajeev S/o Shankar Lal, arrested in connection with F.I.R. No.63/2017, Police Station Mandawa, District Udaipur, shall be released on bail, if not wanted in any other case; provided he 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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9-Rashi/-

Raju @ Rajiya @ Rajeev v. State

Case brief

What is this about?

What did the court decide?

Raju @ Rajiya @ Rajeev v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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