Allowed

Kailash Chand Sharma S/O Shri Kalyan Sahai Sharma v. State of Rajasthan

Rajasthan HC13 Mar 2023CRLMB/1081/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the High Court, with the applicant present, allowed bail pending conclusion of trial. The court rejected the opposition by noting the delay in FIR registration without expressing an opinion on the merits of the case.

What did the court decide?

Enlarged on bail to furnish a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial court.

Kailash Chand Sharma S/O Shri Kalyan Sahai Sharma Vs State… — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1081/2023

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Kailash Chand Sharma S/o Shri Kalyan Sahai Sharma, Aged About 49 Years, R/o 106, Shrihit Radha Vallabha Nagar, P.s. Khonagoriyan, Jaipur (At Present Confined In Central Jail Jaipur)

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----Petitioner

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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 Petitioner(s) : Mrs. Seema Sharma (wife of petitioner present in person)

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For Respondent(s) : Mr. Mangal Singh Saini, PP For Complainant(s) : Mrs. Mamta Devi, (complainant in person)

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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13/03/2023

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The present bail application has been filed by the petitioner under Section 439 Cr.P.C. in connection with FIR No.678/2022 Registered at Police Station Kho-Nagoriyan, Jaipur City (East) for the offence(s) under Sections 376(2)(n), 384 & 120-B IPC.

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Due to abstain from judicial work, the advocates have not appeared in the court today. Seema Sharma, who is wife of petitioner is present in person today in the court and submits that the petitioner is her husband and he is behind the bars since long. FIR was lodged after a delay of four years. She further submits the prosecutrix is major and married lady. Charge-sheet has been filed against the petitioner and conclusion of trial may take long time. Hence, the petitioner may be enlarged on bail.

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(2 of 2) [CRLMB-1081/2023]

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Learned Public Prosecutor as well as complainant present in person have opposed the bail application.

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Considering the contentions and taking into account the facts and circumstances of the case, without expressing any opinion on the merits and demerits of the case, this court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Kailash Chand Sharma S/o Shri Kalyan Sahai Sharma be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that he will appear before the trial court on all subsequent dates of hearing and as and when called upon to do so.

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(NARENDRA SINGH DHADDHA),J

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Gourav/8

Kailash Chand Sharma S/O Shri Kalyan Sahai Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kailash Chand Sharma S/O Shri Kalyan Sahai Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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