Allowed

Rewat Singh v. State of Rajasthan

Rajasthan HC14 Jul 2022CRLMB/9321/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur granted bail to the petitioner, Rewat Singh, arrested under Sections 498-A and 304-B IPC. The Court held it just and proper to grant bail under Section 439 Cr.P.C., noting the co-accused was already released and the trial is likely prolonged, without expressing an opinion on merits.

What did the court decide?

Petitioner Rewat Singh shall be released on bail by executing a personal bond of Rs. 50,000 with two sound and solvent sureties of Rs. 25,000 each.

Rewat Singh Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous II Bail Application No. 9321/2022

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Rewat Singh S/o Moti Singh, Aged About 26 Years, R/o Bankalpura Mahabar Tehsil And Dist. Barmer (At Present Lodged In Dist. Jail Barmer)

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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. RJ Punia
For Respondent(s)	: Mr.Vikram Sharma,PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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14/07/2022

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This Court perused the material available on record.

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The petitioner has been arrested in connection with FIR No.173/2021 of Police Station Mahila Thana, District Barmer for the offences punishable under Sections 498-A & 304-B of IPC. He has preferred this second bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner submits that co-accused Chutar Singh has already been released on bail by this Court passed in S.B. Criminal Misc. Second Bail Application No.8985/2022 vide order dated 12.07.2022. The order dated 12.07.2022 reads as follows :-

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"The present second 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.173/2021, Police Station Mahila Thana, District Barmer registered for the

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(2 of 3)

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[CRLMB-9321/2022]

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offence punishable under Sections 498A and 304B of the IPC.

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The first bail application was dismissed by this Court on 10.05.2022.

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Learned counsel for the petitioner submits that now the following witnesses - Nimb Singh (PW.1), Babu Singh (PW.2), Shrawan Singh (PW.3), Raan Singh (PW.4), Madho Singh (PW.7), Ganpat Singh (PW.9) and Anne Kanwar (PW.10) have been examined before the trial Court and declared hostile; there is no other connecting evidence against the petitioner which can connect him with this crime; the petitioner is in judicial custody; and the trial of the case will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

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Learned Public Prosecutor has opposed the prayer of bail.

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I have considered the arguments advanced before me and gone through the material available on record.

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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 petitioner under Section 439 Cr.P.C.

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Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Chutar Singh S/o Moti Singh, shall be released on bail in connection with F.I.R. No.173/2021, Police Station Mahila Thana, District Barmer provided he executes a personal bond in a sum of Rs.1,00,000/- with two sureties of Rs.50,000/each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. "

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Learned Public Prosecutor opposed the bail application but is unable to distinguish the case of the petitioner from that of the above named co-accused.

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Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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(3 of 3)

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[CRLMB-9321/2022]

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Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rewat Singh S/o Moti Singh shall be released on bail in connection with FIR No.173/2021 of Police Station Mahila Thana, District Barmer provided he 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 date of hearing and whenever called upon to do so till the completion of the trial.

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(DR.PUSHPENDRA SINGH BHATI), J.

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192-/Sudheer//-

Rewat Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rewat Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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