Allowed

Rahul @ Romiyo S/O Ravindra Kumar v. State of Rajasthan

Rajasthan HC5 Apr 2023CRLMB/1833/2023

Case brief

AI extract

What is this about?

The High Court allowed a third bail application filed by the petitioner. Considering the delay in trial, co-accused bail status, and the petitioners apology for previous non-disclosure, the court deemed it just to grant bail subject to a personal bond and sureties.

What did the court decide?

Petitioner released on bail under Section 439 Cr.P.C. with personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.

Rahul @ Romiyo S/O Ravindra Kumar Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous III Bail Application No. 1833/2023

¶3

Rahul @ Romiyo S/o Ravindra Kumar, Aged About 26 Years, R/o Nareda Khurd, Tehsil Behror, District Alwar(Raj.). (At Present Confined At Sub Jail Behror, District Alwar)

¶4

----Accused/Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through P.p.

¶7

----Non-Petitioner

¶8

For Petitioner(s)	:	Mr. Sumer Singh Ola
For Respondent(s)	:	Mr. G.S. Rathore, GA-cum-AAG with
		Mr. Santosh Singh Shekhawat
		Mr. Shyam Prakash Sharma, PP
		Mr. Virendra Pal Singh, SHO,
		Police Station Behror

¶9

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

¶10

Order

¶11

05/04/2023

¶12

In pursuance of direction of this Court dated 29.03.2023, an affidavit of Mr. Virendra Pal Singh, SHO Police Station Behror, District Alwar (Police District Bhiwadi) is submitted for perusal of this Court. The affidavit is taken on record.

¶13

As per the Annexure A/1 & A/2 appended with the affidavit, total 8 criminal cases have been registered against the petitioner out of which, in one of the cases, he has been acquitted and rest are pending trial/investigation. He submits that since the petitioner has changed his residential address, earlier, his correct criminal antecedents could not be produced before this Court for which he tenders unconditional apology. Accepting the apology, he is advised to remain careful in future while remitting criminal

¶14

[CRLMB-1833/2023]

¶15

(2 of 3)

¶16

record of the accused persons as it plays a very significant role in deciding their bail applications.

¶17

The present third bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.383/2020 registered at Police Station Behror, District Alwar (Police District Bhiwadi) for the offence(s) under Section(s) 332, 353 & 307 of I.P.C. and Section 3/25 of Arms Act and later on for the offence under Sections 332, 353 & 307 of IPC and Section 5/27 of Arms Act.

¶18

Learned counsel for the petitioner submits that the petitioner is in custody since 25.08.2020, only a single prosecution witness has been examined so far, trial of the case will take time, there is no allegation against him of opening gunfire upon the police party which arrested him, co-accused persons namely Ashish @ Kalu & Deepak @ Munna have been extended benefit of bail by a coordinate Bench of this Court and prays for his release on bail.

¶19

Per contra, learned Public Prosecutor, referring the criminal antecedents of the petitioner, has opposed the third bail application.

¶20

Heard. Considered.

¶21

Taking into consideration the submissions advanced by learned counsel for the petitioner, material on record, statement of Mr. Kiran Singh (PW 1), long incarceration of the petitioner, possibility of the trial taking time and release of co-accused persons on bail by this Court; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

¶22

[CRLMB-1833/2023]

¶23

(3 of 3)

¶24

Accordingly, the third bail application is allowed and it is directed that accused-petitioner Rahul @ Romiyo S/o Ravindra Kumar shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

¶25

However, looking to the nature of offence and criminal antecedents of the petitioner, it is made clear that in case the petitioner is found involved in similar offence(s) in future, the learned Jurisdictional Sessions Court shall be at liberty to cancel the benefit of bail extended to him by this Court.

¶26

(MAHENDAR KUMAR GOYAL),J

¶27

PRAGATI/5

Rahul @ Romiyo S/O Ravindra Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rahul @ Romiyo S/O Ravindra Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Makshud Ahmad S/O Shahzad Anwar, Vs Bhaskar a. Sawant

Mohammad Tahir and Ors. Vs State of Raj and Ors.

Babu Lal Soni Vs Shri Praveen Gupta and Ors.

Dr Mahesh Kumar Sharma Vs Smt Veenu Gupta and Ors.

Smt Saraswati Devi W/O Shri Mahendra Kumar Ji Vaishnav Vs Sandip Kumar Alias Ghevar Chand S/O Late Shri Amar Chand Ji Burad

Bhawani Singh S/O Prakash Vs Gyan Bai D/O Bhanwar Singh W/O Damodar Singh