Allowed

Ramjan S/O Chahat v. State of Rajasthan

Rajasthan HC14 Sept 2022CRLMB/8544/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail application filed by three accused persons. The court observed that the medical evidence indicated the deceased was suffering from a brain tumor and the charge sheet did not make a case under Section 302 IPC. Consequently, the court deemed it appropriate to enlarge the accused on personal bond.

What did the court decide?

The accused-applicants are enlarged on bail provided each furnishes a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Ramjan S/O Chahat Vs State of Rajasthan — Murder and Culpable Homicide | 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. 8544/2022

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Ramjan S/o Chahat, Aged About 50 Years, R/o Dongada, Police Station Kishangarhbas, Police District Bhiwadi (Rajasthan). (Presently Confined In Jail At Kishangarhbas, District Alwar)

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Aneesh S/o Ramjan, Aged About 27 Years, R/o Dongada, Police Station Kishangarhbas, Police District Bhiwadi (Rajasthan). (Presently Confined In Jail At Kishangarhbas, District Alwar)

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Jakir S/o Ramjan, Aged About 21 Years, R/o Dongada, Police Station Kishangarhbas, Police District Bhiwadi (Rajasthan). (Presently Confined In Jail At Kishangarhbas, District Alwar)

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----Applicants

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Versus

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State Of Rajasthan, Through Pp.

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----Respondent

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For Applicants(s) : Mr. Rajneesh Gupta Mr. Sumer Singh Ola For Respondent(s) : Mr. S.S. Mehla, PP For Complainant : Mr. Sikandar Singh Sakkarwal

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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14/09/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicants Ramjan S/o Chahat, Aneesh S/o Ramjan and Jakir S/o Ramjan. The applicants were arrested in connection with FIR No.427/2021 registered at Police Station Kishangarhbas District Bhiwadi for the offence(s) under Sections 147, 148, 149, 323, 341, 324, 325, 326 of IPC.

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(2 of 3)

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[CRLMB-8544/2022]

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Learned counsel for the accused-applicants submits that the applicants and complainant are neighbours and there was an agricultural dispute between them and on one occasion, in spur of the moment, a fight occurred between both the families. He has submitted that the alleged incident took place on 21.08.2021 and the death occurred on 30.09.2021. The cause of death as per the post mortem report, reflected in the charge-sheet, is not on account of the fight between the complainant and the applicants’ family. He has further submitted that the deceased was suffering from Brain Tumor for which he was operated upon 23.09.2021 as per the medical board’s report. The post mortem report is dated 30.09.2021 and the board report is dated 04.12.2021. Counsel further submitted that the charge-sheet has been filed and no case is made out under Section 302 IPC.

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Per contra , learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail application. However, learned counsel for the complainant was not able to refute the contention that the complainant was suffering from Brain Tumor and that he was operated upon on 23.09.2021.

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Considering the arguments advanced by the counsels for the parties and considering the fact that the medical board’s report has specified the cause of death as Brain Tumor; that chargesheet has been filed; that no case is made out under Section 302 IPC in charge-sheet and looking to the overall facts and circumstances of the case and material on record but without commenting on merits or de-merits of the case, this court deems it appropriate to enlarge the accused-applicants on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-applicants Ramjan S/o

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(3 of 3)

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[CRLMB-8544/2022]

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Chahat, Aneesh S/o Ramjan and Jakir S/o Ramjan shall be enlarged on bail provided each of them furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(SAMEER JAIN),J

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Arun/3

Ramjan S/O Chahat v. State of Rajasthan

Case brief

What is this about?

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Ramjan S/O Chahat v. State of Rajasthan

Case brief

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What did the court decide?

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