Allowed

Anshul Sharma Son of Ghanshyam v. State of Rajasthan

Rajasthan HC18 Apr 2023CRLAS/188/2023

Case brief

AI extract

What is this about?

This judgment dismisses a criminal appeal accepted as withdrawn. Separately, it allows a bail application under Section 439 Cr.P.C. for an accused charged with offence under Section 302 IPC, granting release on a bond of Rs. 50,000 with two sureties. The order is sustainable without detailed merits. The quality is thin.

What did the court decide?

Anshul Sharma's appeal dismissed as withdrawn. Yogesh Tatiwal released on bail with bond of Rs. 50,000 and two sureties.

Anshul Sharma Son of Ghanshyam Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2023)

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[2023/RJJP/007030]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 188/2023

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Anshul Sharma Son Of Ghanshyam, Aged About 22 Years, Resident Of Daulatpura Police Station Lalsot, District Dausa At Present House No. 267/602, Sector 26, Pratap Nagar, Jaipur East (At Present Accused Appellant Confined In Central Jail Jaipur)

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----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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Phool Singh Son Of Shri Brijlal Jatav, Resident Of At Present Rent Plot No. 266/238, Sector 26, Pratap Nagar, Jaipur City (East)

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----Respondents

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 1296/2023 Yogesh Tatiwal @ Yuvi S/o Omprakash, Aged About 23 Years, R/o B-350, Mahal Yojna, Jagatpura, Police Station Pratap Nagar, Jaipur East ( At Present Confined In Central Jail District Jaipur)

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----Appellant

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Appellant(s)	: Mr. Mr.	Girraj Prasad Sharma Mukesh Kumar Saini
	Mr.	Babulal Barala
For Respondent(s)	: Mr. Mr.	C.G. Chopra, PP Satyam Khandelwal

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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18/04/2023

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S.B. Criminal Appeal No. 188/2023

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Learned counsel for the appellant seeks withdrawal of the present appeal.

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The prayer sought for is allowed.

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Accordingly, the instant appeal is dismissed as withdrawn.

(2 of 3)

[2023/RJJP/007030]

[CRLAS-188/2023]

S.B. Criminal Miscellaneous Bail Application No. 1296/2023

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner against the impugned order dated 18.01.2023 passed by learned Court below for the offence under Sections 147, 148, 149, 323, 341 & 302 IPC in FIR No. 327/2021 registered at Police Station Pratap Nagar, Jaipur City (East).

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The accused-petitioner has nothing to do with the alleged offence. He is behind the bars since long time. The other co-accused persons have already been granted bail by co-ordinate bench of this Court. No recover is to be affected from the petitioner. Trial of the case is likely to take a long time to conclude and till then, his further incarceration would not serve any fruitful purpose. He is ready and willing to furnish bail bonds for his release. Therefore, the bail application deserves to be allowed.

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Learned Public Prosecutor and learned counsel for the complainant-respondent have vehemently opposed the bail application.

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Heard learned counsel for the parties and perused the material available on record.

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Taking into consideration the submissions put forth and overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems it fit to enlarge the accused-petitioner on bail.

[2023/RJJP/007030]

[CRLAS-188/2023]

(3 of 3)

Therefore, the bail application is allowed. Accused-petitioner namely - Yogesh Tatiwal @ Yuvi S/o Omprakash, shall be released on bail, if he is not required in any other case, provided he furnishes a personal bond in the sum of Rs.50,000/- (Fifty Thousand) together with two sureties in the sum of Rs.25,000/(Twenty-five Thousand) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any other court to which the matter is transferred, on all subsequent dates of hearing and as and when he is called upon to do so.

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(VINOD KUMAR BHARWANI),J

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SAHIL SONI /82-83

Anshul Sharma Son of Ghanshyam v. State of Rajasthan

Case brief

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Anshul Sharma Son of Ghanshyam v. State of Rajasthan

Case brief

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