Allowed

Raju Raj @ Odha v. State of Rajasthan

Rajasthan HC25 Apr 2022CRLMB/4805/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed two bail applications filed under Section 439 Cr.P.C. The petitioners, arrested for rioting and theft, were granted bail pending further investigation and trial, requiring them to furnish personal and surety bonds.

What did the court decide?

Petitioners Mukesh Kumar and Raju Raj released on bail subject to furnishing a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each.

Raju Raj @ Odha 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 Miscellaneous Bail Application No. 5219/2022

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Mukesh Kumar S/o Sh. Lala Ram, Aged About 21 Years, B/c Garasiya, R/o Village Kothibiya Fali, Redvakala, Teh. Aburoad, Dist. Sirohi (Raj.). (Presently Lodged In Sub Jail, Aburoad).

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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. 4805/2022

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Raju Raj @ Odha S/o Sh. Pratap, Aged About 24 Years, B/c Bhat (Turi)R/o Vill. Malva PS And Tehsil Reodar Dist. Sirohi (Presently Lodged In Sub Jail Abu Road Dist. Sirohi)

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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. Shambhoo Singh Rathore
		Mr. Hitendra Singh
		Mr. PradeepShah
For Respondent(s)	:	Mr. Laxman Solanki,PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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25/04/2022

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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 F.I.R. No.127/2022, Police Station AburoadSadar, District Sirohi, registered for the offence punishable under Sections 147, 148, 149, 452, 323, 395 and 427 of Indian Penal Code.

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(2 of 3)

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[CRLMB-5219/2022]

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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 as per prosecution, petitioner is not named in the present case; recovery of gold chain is not made from the petitioners; only Rs.20,000/have been recovered from the petitioners; petitioners Mukesh and Raju Raj @ Odha are behind the bars since 31.03.2022 and 24.03.2022 respectively; further investigation 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 vehemently and fervently and vehemently opposed the bail applications of the accused-petitioners and stated that three other cases are registered against the accused-petitioner Raju Raj @ Odha.

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Having regard to the facts and circumstances of the case, particularly looking to the facts that accused-petitioners are behind the bars for approximately one month; 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 opinion that the bail applications filed by the accused-petitioners deserve to be accepted.

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Consequently, the bail applications are allowed. It is ordered that the accused-petitioners - Mukesh Kumar S/o Sh. Lala Ram, (Bail Application No.5219/2022) and Raju Raj @ Odha S/o Sh. Pratap, (Bail Application No.4805/2022) both arrested in connection with F.I.R. No.127/2022, Police Station Aburoad-

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(3 of 3)

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[CRLMB-5219/2022]

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Sadar, District Sirohi, 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
41-42-Rashi/-

Raju Raj @ Odha v. State of Rajasthan

Case brief

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Raju Raj @ Odha v. State of Rajasthan

Case brief

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