Allowed

Nitesh Kumar @ Bhagat Singh S/O Sh. Om Prakash v. the State of Rajasthan

Rajasthan HC2 Sept 2023CRLMB/2720/2023

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Birendra Kumar allowed three connected bail applications filed under Section 439 Cr.P.C. The petitioners, though not named in the FIR for offences under Sections 147, 148, 149 and 302 IPC, were in custody. The Court directed their release on bail subject to furnishing a bond with sureties and standard conditions.

What did the court decide?

Relief granted: Bail allowed subject to furnishing a bond of Rs. 25,000 with two sureties and compliance with standard conditions, provided the petitioners are not wanted in any other case.

Nitesh Kumar @ Bhagat Singh S/O Sh. Om… — Murder and Culpable Homicide | Rajasthan HC (2023)

¶1

[2023:RJ-JP:20430]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2720/2023

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Nitesh Kumar @ Bhagat Singh S/o Sh. Om Prakash, Aged About 22 Years, Resident Of Village- Murot Ka Bass, Police StationBagar, District Jhunjhunu (Rajasthan).

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(Applicant Is Confined At District Jail, Jhunjhunu).

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----Petitioner

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Versus

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The State Of Rajasthan, Through Learned Public Prosecutor (P.P.).

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No.6836/2023

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Sunil Kumar S/o Jodha Ram, Aged About 37 Years, R/o Bhadunda Khurd, Police Station Bagad, District Jhunjhunu At Present Lodged In The District Jail Jhunjhunu

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----Petitioner

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Versus

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State Of Rajasthan, Through The Pp

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 8504/2023

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Krishna Kumar S/o Surendra Kumar, Aged About 37 Years, R/o Bhadunda Khurd, Police Station Bagad, District Jhunjhunu At Present Lodged In The District Jail, Jhunjhunu

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----Petitioner

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Versus

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State Of Rajasthan, Through The Pp

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----Respondent

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For Petitioner(s)	: Mr. Ashvin Garg, Adv. Mr. Rishi Raj Singh Rathore, Adv.
For Respondent(s)	: Mr. S.S. Mahla, PP
	Mr. Deepak Chauhan, Adv.
	Mr. Hitanshu Joshi, Adv.
	Ms. Abhilasha Choudhary, Adv.

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HON'BLE MR. JUSTICE BIRENDRA KUMAR

[2023:RJ-JP:20430]

[CRLMB-2720/2023]

(2 of 3)

Order

02/09/2023

Heard the parties.

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These Criminal Misc. Bail Applications have been brought under Section 439 of Cr.P.C. in connection with FIR No.204/2022 registered with Police Station Bagar, District Jhunjhunu for offences under Sections 147, 148, 149 and 302 of IPC.

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According to FIR, the named accused persons allegedly committed assault and murder of the deceased.

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The petitioners are not named in the FIR. They are in custody since 10 months. Investigation of the case is already complete. No direct involvement of the petitioners is there.

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Learned counsel for the informant has opposed the prayer for bail and contends that petitioner-Krishna Kumar is husband of the Sarpanch with whom deceased had enmity. He is convict in a case and has criminal antecedents. Mobile location and call details of petitioner-Sunil Kumar reveals that he was talking to the other co-accused persons.

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Considering the material against petitioners, the instant bail applications stand allowed.

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It is directed that the above-named petitioners be released on bail in the aforesaid FIR if they are not wanted in any other case, provided that each of them furnishes a bail bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with two sureties of like amount to the satisfaction of the learned trial court with following conditions :-

(3 of 3)

[2023:RJ-JP:20430]

[CRLMB-2720/2023]

(i) the petitioners shall fully co-operate in the trial, failing which, the trial judge would be at liberty to cancel the bail bonds of the petitioners.

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(ii) the petitioners shall not leave the Country without permission of the Court otherwise it would amount to disobedience of the order of this Court and would be a ground for cancellation of bail. (iii) the petitioners shall not tamper with the evidence.

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(BIRENDRA KUMAR),J

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Ashwani/-15,17,18

Nitesh Kumar @ Bhagat Singh S/O Sh. Om Prakash v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nitesh Kumar @ Bhagat Singh S/O Sh. Om Prakash v. the State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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