Disposed

Ashok Kumar v. State of Rajasthan

Rajasthan HC18 Nov 2022CRLMP/7369/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Jodhpur, in a bail-related miscellaneous petition under Section 482 Cr.P.C., directed that the petitioners not be arrested without prior notice under Section 41-A Cr.P.C., citing Arnesh Kumar guidelines. The court dismissed the stay petition.

What did the court decide?

The court directed that the petitioner shall not be arrested without prior notice and shall be released on bail upon filing of charge-sheet.

Ashok Kumar Vs State of Rajasthan — Arbitration | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Criminal Misc(Pet.) No. 7369/2022

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Ashok Kumar S/o Fusaram, Aged About 22 Years, R/o Macharo Ki Dhani, Kerlanda, Bhikamkor, Lohawat, Osian, District Jodhpur.

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Sanjay S/o Fusaram, Aged About 20 Years, R/o Macharo Ki Dhani, Kerlanda, Bhikamkor, Lohawat, Osian, District Jodhpur.

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Fusaram S/o Pacharam, Aged About 43 Years, R/o Macharo Ki Dhani, Kerlanda, Bhikamkor, Lohawat, Osian, District Jodhpur.

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Smt. Sangeeta W/o Mahipal, Aged About 24 Years, R/o Macharo Ki Dhani, Kerlanda, Bhikamkor, Lohawat, Osian, District Jodhpur.

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Smt. Neni Devi W/o Sukhara, Aged About 50 Years, R/o Macharo Ki Dhani, Kerlanda, Bhikamkor, Lohawat, Osian, District Jodhpur.

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Ramniwas Khichar S/o Kanwaru Ram, Aged About 27 Years, R/o Macharo Ki Dhani, Kerlanda, Bhikamkor, Lohawat, Osian, District Jodhpur.

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Ravindra S/o Fusaram, Aged About 20 Years, R/o Macharo Ki Dhani, Kerlanda, Bhikamkor, Lohawat, Osian, District Jodhpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Smt. Roshni W/o Ashok Kumar, Aged About 18 Years, R/o 80 Feet Road, Man Nagar, Mata Ka Than, District Jodhpur.

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----Respondents

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For Petitioner(s)	: Mr.	Devendra Singh Rathore
For Respondent(s)	: Mr.	Mukhtiar Khan,PP

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HON'BLE MR. JUSTICE FARJAND ALI Order

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18/11/2022

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Learned counsel for the petitioner submits that a patently false case has been foisted against the petitioners. There were

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(2 of 2)

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[CRLMP-7369/2022]

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temperamental differences and discord of common petulance between the parties but owing to personal grudges, an FIR has been lodged.

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Per contra, learned Public Prosecutor submits that after thorough investigation, the involvement of accused Fusa Ram, Naini Devi, Sangeeta, Sanjay and Ramniwas has been found proved for the offences under Section 312, 420, 467, 468, 471 and 376 of IPC and Sections 3/4 of POCSO Act. He further submits that after thorough investigation, offences under Sections 498-A and 406 IPC have been found proved against accused Ashok.

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Factual report has been submitted and taken on record.

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In this view of the matter, since the provision contained in Section 41 of Cr.P.C. as well as the judgment passed by Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar reported in AIR 2014 SC 2756 squarely applies in this case, therefore, it is directed that the petitioner shall not be arrested without being given prior notice under Section 41-A of the Cr.P.C. In the event of filing of the charge-sheet and moving of regular bail application by the petitioners before the trial Court, the petitioners shall be released on bail on the amount of sureties and bonds to the satisfaction of the learned Magistrate.

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The instant miscellaneous petition under Section 482 Cr.P.C. is disposed of.

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Stay petition also stands disposed of.

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(FARJAND ALI),J

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94-amit/-

Ashok Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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