The Rajasthan High Court allowed bail applications filed by five accused persons under Section 439 Cr.P.C. in a case involving cheating, forgery, and electoral fraud offences.
Release of accused petitioners on bail subject to furnishing a personal bond of Rs.50,000 and two sureties of Rs.25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11886/2023
Bheem Singh S/o Sube Singh, Aged About 43 Years, R/o Dheerpur, Police Station Harsaura, District Alwar, Hal Karamchari Colony, Ktputali Byupass, Bansoor, Police Station Bansoor, Alwar. (At Present Lodged In Central Jail, Jaipur)
----Petitioner
Versus
1.State Of Rajasthan, Through Pp 2. Dr. Prabhudayal Sharma S/o Badri Prasad Sharma, R/o Shiv Colony, Dausa, At present Manager, Vikramaditya Mahikla TT College, Dausa.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 12421/2023 Ajay Kumar S/o Bhagwan Sahay, Aged About 23 Years, R/o Padali, Tehsil Sikray, Police Station Mehandipur Balaji, District Dausa (Rajasthan). (Presently Confined In District Jail, Dausa)
----Petitioner
Versus 1. The State Of Rajasthan, Through Pp 2. Prabhu Dayal Sharma S/o Badri Prasad Sharma, R/o Shiv Colony, Dausa Presently Posted At Vikramaditya Mahila T.t. College, Dausa (Rajasthan).
----Respondents
S.B. Criminal Miscellaneous Bail Application No. 12493/2023 Dinesh S/o Sujaram, Aged About 31 Years, R/o Bhaduo Ki Dhani, Lachiwada, Police Station Sanchor, District Jaloar, At Present Residing At House No. 30, Subija Vihar, Mansarovar, Jaipur, Raj At Present Confined In Central Jail Jaipur.
----Petitioner
Versus
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----Respondents
S.B. Criminal Miscellaneous Bail Application No. 13915/2023 Omprakash S/o Jalaram, Aged About 30 Years, R/o Nayavas Ranodar, Distt. Sanchor, Rajasthan ( At Present Confined In J.c. Distt. Dausa).
----Petitioner
| 1. | Versus The State Through The |
Of Publi |
Rajasthan, c Prosecutor. |
|---|---|---|---|
| 2. | Dr. Prabhuda | yal | Sharma, S/o |
| Badriprasad, | R/o | Shiv Colony | |
| Dausa, Distri | ct Da | usa. |
----Respondents
S.B. Criminal Miscellaneous Bail Application No. 13916/2023 Devilal Son Of Munna, Aged About 33 Years, Resident Of Vijaypura Khood, Tehsil Dataramgarh, District Sikar At Present Lodged In The District Jail, Dausa.
----Petitioner
| Versus | ||
|---|---|---|
| 1. | State Of Rajasthan, | Through |
| The Public Prosecutor. | ||
| 2. | Prabhu Dayal Sharma | S/o Shri |
| Badri Prasad, Resident | Of Shiv | |
| Colony, Dausa, |
Director, | |
| Vikramaditya Mahil |
a T.t. |
|
| College, Dausa. |
----Respondents
| For Petitioner(s) | : Mr. |
Ritesh Jain |
|---|---|---|
| Mr. | Rajneesh Gupta | |
| Mr. | Manish Sharma | |
| Dr. | Mahesh Sharma | |
| Mr. | Ashvin Garg with | |
| Mr. | Nonit Hatila | |
| For Respondent(s) | : Mr. |
SS Mahla,PP |
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Mr. Umesh Vyas
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
03/11/2023
These bail applications have been filed under Section 439 Cr.P.C. on behalf of accused-petitioners against the impugned orders passed by learned Court below for the offence under Sections 420, 419, 120B, 467, 468 and 471 of the IPC and Sections 3 and 4/6 of the Rajasthan Public Examination (Prevention of Unfair Means) in FIR No.136/2022 registered at Police Station Kotwali, District Dausa.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. They have nothing to do with the alleged offence and they are behind the bars since long. Counsel further submits that the charge-sheet has already been filed against petitioner-Bhim Singh, while investigation and the trial of the case is likely to take time in the matters of all other petitioners, hence, their further incarceration would not serve any fruitful purpose, and they are ready & willing to furnish their bail bonds for their release. Therefore, these bail applications deserve to be allowed.
Learned Public Prosecutor for the State and learned counsel for the complainant have vehemently opposed the bail applications and prayed for dismissal of the bail applications.
Heard learned counsel for the parties and perused the
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material available on record.
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-petitioners on bail.
Therefore, these bail applications are allowed. Accusedpetitioners, namely- 1.Bheem Singh S/o Sube Singh 2.Ajay Kumar S/o Bhagwan Sahay 3.Dinesh S/o Sujaram 4.Omprakash S/o Jalaram and 5.Devilal Son Of Munna shall be released on bail, if they are not required in any other case, provided each of them 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 they 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 they are called upon to do so.
Let a copy of this order be placed in each connected file.
(VINOD KUMAR BHARWANI),J
CHHAYA AWASTHI /62-66
1 issue framed by the court
Whether bail shall be granted to the accused petitioners against orders refusing bail under Section 439 Cr.P.C.
3 provisions across 3 enactments
Bheem Singh
Ajay Kumar
Dinesh
Omprakash
Devilal
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
