Allowed

Dinesh v. State of Rajasthan

Rajasthan HC27 Sept 2022CRLMB/7643/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed bail applications for Chunni Lal and Dinesh, who were accused of serious offences including culpable homicide and attempted murder, directing their release on a personal bond with sureties.

What did the court decide?

The petitioners were directed to be released on bail upon executing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Dinesh Vs State of Rajasthan — 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 Misc. Third Bail Application No. 4417/2022

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Chunni Lal S/o Sunil S/o Kishan Lal, Aged About 21 Years, R/o Som Phalasia Police Station Phalasia Tehsil Jhadol District Udaipur (Raj.)

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(Presently Lodged In District Jail Udaipur)

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----Petitioner

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Versus

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The State Of Rajasthan

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----Respondent

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CONNECTED WITH

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S.B. Criminal Misc. Third Bail Application No. 7643/2022

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Dinesh S/o Sh. Hiralal, Aged About 30 Years, R/o Som, R/o Police Station Phalasia, District Udaipur (Raj.) (At Present Lodged In Central Jail, Udaipur)

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----Petitioner

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The State Of Rajast	Versus han ----Respondent
For Petitioner(s)	: Mr. Ram Singh Rawal Mr. G.J. Gupta
For Respondent(s)	: Mr. Laxman Solanki, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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27/09/2022

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Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

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The petitioners have been arrested in FIR No.53/2020 of Police Station Phalasia, District Udaipur for the offences punishable under Sections 147, 148, 323, 307, 325, 302 and 149

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(2 of 3)

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[CRLMB-4417/2022]

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IPC and Section 4/25 of Arms Act. They have preferred these third bail applications under Section 439 Cr.P.C.

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Learned counsel for the petitioners have submitted that from the statements of injured eye witnesses viz. PW-2 Balwant, PW-3 Haksidas, PW-4 Gowari Devi and PW-5 Laxmi Devi, it is clear that the main allegation of inflicting injuries are upon Kishan and Pappu. It is also submitted that co-accused persons viz. Deepak, Nandu and Ramlal, against whom also omnibus allegation of inflicting injuries are levelled, have already been enlarged on bail. It is further submitted that the case of the petitioners is similar to that of co-accused persons viz. Deepak, Nandu and Ramlal, who have already been enlarged on bail, therefore, the petitioners are also entitled to be enlarged on bail.

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Learned Public Prosecutor has vehemently opposed the bail applications and specifically argued that injured Haksidas has levelled allegation of inflicting injury against petitioner-Dinesh.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

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Accordingly, these third bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners - Chunni Lal S/o Sunil S/o Kishan Lal and Dinesh S/o Sh. Hiralal shall be released on bail in connection with FIR No.53/2020 of Police Station Phalasia, District Udaipur provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every

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(3 of 3)

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[CRLMB-4417/2022]

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date of hearing and whenever called upon to do so till the

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completion of the trial.

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(VIJAY BISHNOI),J

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Abhishek Kumar S.Nos.59-60

Dinesh v. State of Rajasthan

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Dinesh v. State of Rajasthan

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