Allowed

Badiya v. State of Rajasthan

Rajasthan HC19 May 2023CRLMB/2018/2023

Case brief

AI extract

What is this about?

High Court of Rajasthan granted bail to four petitioners arrested for offences including house entry, mischief, and intentional insult under IPC. The court noted the petitioners faced omnibus allegations while specific accusations targeted a co-accused, ordering personal bonds in sum of Rs.50,000/-.

What did the court decide?

Enlargement of accused petitioners on bail in connection with FIR No.12/2023 provided they furnish a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Badiya Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2023)

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[2023/RJJD/016417]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 2018/2023

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Badiya S/o Sh. Hardar, Aged About 26 Years, Vill. Sabbalpura, P.s. Kushalgarh, Dist. Banswara, Raj. (Presently Lodged In Sub Jail Kushalgarh).

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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. 1402/2023

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Lakh Ji S/o Madiya, Aged About 55 Years, Sabbalpura, P.s. Kushalgarh, Dist. Banswara. (Lodged In Dist. Jail, Banswara).

¶12

Lav Ji S/o Madiya, Aged About 48 Years, Sabbalpura, P.s. Kushalgarh, Dist. Banswara. (Lodged In Dist. Jail, Banswara).

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Valu S/o Megha, Aged About 58 Years, Sabbalpura, P.s. Kushalgarh, Dist. Banswara. (Lodged In Dist. Jail, Banswara).

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----Petitioners

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Versus

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State Of Rajasthan-State, Through PP

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----Respondent

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For Petitioner(s)	: Mr.Shambhoo Singh Rathore,
	Mr.Hitendra Singh, Mr.Jitendra Ojha.
For Respondent(s)	: Mr.Shiv Kumar Bhati, P.P. with Mr.Avinash Godara.

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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ORDER

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19/05/2023

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These two applications for bail under Section 439 Cr.P.C.

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have been filed by the petitioners who have been arrested in

[CRLMB-2018/2023]

[2023/RJJD/016417]

(2 of 3)

connection with FIR No.12/2023 registered at Police Station Kushalgarh, District Banswara, for offences under Sections 143, 385, 436, 452, 427, 504 and 506 IPC.

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Learned counsel for the petitioners submitted that the allegation against petitioners is that they attacked house of the complainant alongwith co-accused persons demanding money as compensation ( Mautana ) against the death of one Hardar. Learned counsel submitted that as per the FIR, the petitioners and coaccused persons after looting the house of the complainant, set various articles on fire. Learned counsel submitted that in the FIR, omnibus allegations have been levelled against the present petitioners. The specific allegation of attacking the complainant’s family members has been levelled against co-accused Meh Ji. Learned counsel submitted that the petitioners are behind the bars since January 2023; the charge-sheet against them has already been filed before the competent criminal court by the investigating agency; trial is likely to take sufficiently long time and thus, the petitioners deserve indulgence of bail in the present case.

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Learned Public Prosecutor opposed the bail applications. However, he was neither in a position to indicate any specific allegation against present petitioners nor was he ale to refute the fact that specific allegations have been levelled against one Meh Ji in the FIR.

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Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

(3 of 3)

[2023/RJJD/016417]

[CRLMB-2018/2023]

Having considered the facts and circumstances of the case and arguments advanced at bar, this Court is of the opinion that the petitioners deserve indulgence of bail.

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It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

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Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners- (i) Badiya S/o Sh. Hardar (in CRLMB No.2018/2023) and (ii) Lakh Ji S/o Madiya, (iii) Lav Ji S/o Madiya and (iv) Valu S/o Megha (in CRLMB No.1402/2023) shall be enlarged on bail in connection with FIR No.12/2023 registered at Police Station Kushalgarh, District Banswara, provided each of them 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 Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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A copy of this order be placed in each file.

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(KULDEEP MATHUR),J

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/tarun goyal/ Sr.No.44-45

Badiya v. State of Rajasthan

Case brief

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Badiya v. State of Rajasthan

Case brief

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