Allowed

Kesar Singh v. State of Rajasthan

Rajasthan HC4 May 2023CRLMB/1733/2023

Case brief

AI extract

What is this about?

The High Court allowed bail applications filed by Jaideep Singh and Kesar Singh under Section 439 Cr.P.C. pending trial for alleged offences related to stealing petroleum products, conditional on furnishing personal bonds and sureties.

What did the court decide?

Release on bail if not wanted in any other case, conditioned on furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each to the satisfaction of the trial court.

Kesar Singh Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJD/013593]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 2150/2023

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Jaideep Singh S/o Vikram Singh, Aged About 40 Years, R/o Ore, Police Station Aburoad - Sadar, District Sirohi. (At Present Lodged In Sub Jail Aburoad, District Sirohi)

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 1733/2023 Kesar Singh S/o Lal Singh, Aged About 65 Years, B/c Rajput, R/o Vill. Umrava Krishi Farm Kivarli, P.s. Aburoad Sadar, Teh. Aburoad And Dist. Sirohi. (At Present Lodged At Sub Jail Aburoad Dist. Sirohi).

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----Petitioner

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Versus ----Respondent

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State Of Rajasthan, Through Pp

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For Petitioner(s)	: Mr.	Sikandar Khan
	Mr.	Bhanwar Singh Deora
For Respondent(s)	: Mr.	Arun kumar,PP

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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04/05/2023

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This applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.42/2023 registered at Police Station Aburoad Sadar, District Sirohi, for offences under Sections 285, 427, 379, 511 and 120-B of IPC, Section 3 of P.D.P.P. Act, Section 15(2)(4) PMP Act, Section 3 of Motor Spirit and High Speed Diesel (Regulation of

[2023/RJJD/013593]

[CRLMB-2150/2023]

(2 of 3)

Supply, Distribution and Prevention of Malpractises) Order, 1998 and under Section 3 of Rajasthan Petroleum Manufacturing Order, 1990.

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Heard learned counsel for the petitioners as also the learned Public Prosecutor and perused the material available on record.

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Learned counsel for the petitioners submits that the offences alleged to have been committed by the petitioners are triable by Court of Magistrate. Learned counsel for the petitioners submitted that the allegation against the petitioners is of attempting to steal petroleum products from the pipelines of Indian Oil Corporation Ltd. Learned counsel for the petitioners submitted that police after investigation has filed charge-sheet against the petitioners under Sections 285, 427, 379, 511, 120-B of IPC, Section 3 of PDPP Act, Section 15(2)(4) PMP Act, Section 3 of Motor Spirit and High Speed Diesel (Regulation of Supply Distribution and Prevention of Malpractises) Order, 1998 and Section 3 of Rajasthan Petroleum Manufacturing Order, 1990. It was submitted that challan has already been filed in the matter, no recovery is due to be made from the present petitioners; the petitioners are in judicial custody since 23.01.2023; and the trial of the case is likely to take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioners.

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Per contra, learned Public Prosecutor has opposed the bail applications.

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Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on

(3 of 3)

[2023/RJJD/013593]

[CRLMB-2150/2023]

merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserves to be accepted.

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Consequently, the bail applications under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Jaideep Singh S/o Vikram Singh (2) Kesar Singh S/o Lal Singh, arrested in connection with F.I.R. No.42/2023 registered at Police Station Aburoad Sadar, District Sirohi, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

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(KULDEEP MATHUR),J

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58-59 neha/-

Kesar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kesar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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