Allowed

Vijendra Kumar Dhaka S/O Sanwarmal Dhaka v. State of Rajasthan

Rajasthan HC12 Apr 2023CRLMB/2031/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail application under Section 439 Cr.P.C. for the accused-petitioner facing serious IPC charges, noting the nature of injuries was simple and trial would take long, without expressing an opinion on merit.

What did the court decide?

Accused-petitioner released on bail on furnishing personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.

Vijendra Kumar Dhaka S/O Sanwarmal Dhaka Vs State of… — Bail and Remand | Rajasthan HC (2023)

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[2023/RJJP/006393]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2031/2023

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Vijendra Kumar Dhaka S/o Sanwarmal Dhaka, Aged About 22 Years, R/o Bhooma Basni Tan Bhooma Bada, P.s. Laxmangarh District Sikar (Raj.) ( At Present Confined In District Jail Sikar)

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----Accused-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) : Mr.Vikas Rao, Adv. For Respondent(s) : Mr.Babu Lal Nasuna, P.P. cum Dy.G.A. For Complainant(s) : Mr.Ripu Daman Singh Naruka, Adv. Mr.Jitendra Singh Shekhawat, Adv.

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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12/04/2023

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This application for bail has been filed by the accusedpetitioner under Section 439 of the Cr.P.C. in connection with FIR No.545/2022 registered at Police Station Sadar, Sikar for the offences under Sections 143, 354, 458, 307, 327, 382, 506 and 365/511 IPC.

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Learned counsel for the accused-petitioner submitted that during investigation injured persons were medically examined and no grievous injury has been found on any of the injured persons. Learned counsel further submitted that co-accused of this case namely Om Prakash, Nitin Kumar and Dinesh Kumar have been enlarged on bail by the trial Court, whereas one co-accused namely Kailash Kumar Dhaka has been enlarged on bail by the Co-

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ordinate Bench of this Court in S.B.Criminal Misc. Bail Application No.16783/2022 vide order dated 12.12.2022.

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Learned counsel argued that during investigation prosecutrix has allegedly stated the offence of rape against the accusedpetitioner but offence of rape has not been found to be proved.

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Learned counsel further aruged that the charge-sheet in this case has been filed for the offence under Sections 143, 354, 458, 307, 327, 382, 506, 365/511 IPC.

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Learned counsel submitted that the prosecutrix and the accused-petitioner are in a live-in-relationship, of which a Deed of live-in-relationship, attested by Notary, has also been produced before the Court.

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Learned counsel further submitted that the accusedpetitioner has falsely been implicated in the present case and the accused-petitioner and prosecutrix are of the same age. Learned counsel submitted that the accused-petitioner was arrested on 11.10.2022 and since then he is in judicial custody.

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Learned counsel contended that the charge-sheet has been submitted and trial of the case will take long time, therefore, accused-petitioner has been enlarged on bail.

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Learned Public Prosecutor and learned counsel appearing for the complainant have opposed the misc. bail application.

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Having regard to the facts and circumstances of the case and looking to the fact that the charge-sheet has been filed and considering the nature of the injuries on the injured persons, which are simple in nature, as per the charge-sheet and also considering the fact that the accused-petitioner is in judicial custody since 11.10.2022 and conclusion of trial will take long

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time, but without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused-petitioner under Section 439 Cr.P.C.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The accused-petitioner Vijendra Kumar Dhaka S/o Sanwarmal Dhaka arrested in connection with FIR No.545/2022 registered at Police Station Sadar, Sikar, shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court. Accused-petitioner shall be required to appear before that Court on all the dates of hearing and as and when called upon to do so.

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(ASHUTOSH KUMAR), J

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Monika/54

Vijendra Kumar Dhaka S/O Sanwarmal Dhaka v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vijendra Kumar Dhaka S/O Sanwarmal Dhaka v. State of Rajasthan

Case brief

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