Allowed

Kishan Gurjar v. State of Rajasthan

Rajasthan HC30 May 2023CRLMB/3153/2023

Case brief

AI extract

What is this about?

Hon'ble Justice Kuldeep Mathur allowed three bail applications filed under Section 439 Cr.P.C. directed to the High Court of Rajasthan, Jodhpur Bench, Jodhpur, in connection with FIR No. 53/2023 at Police Station Rayla, District Bhilwara. The offenses involved Sections 458, 395, 397, 384, and 427 of the IPC. The court permitted bail as co-accused persons had already been enlarged on bail due to a

What did the court decide?

The accused-petitioners shall be released on bail if not wanted in any other case, provided they furnish a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Kishan Gurjar Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2023)

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[2023/RJJD/018149]

[CRLMB-3152/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3152/2023

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Sanwar Lal Luhar S/o Bheru Lal Luhar, Aged About 32 Years, R/o Sarera Thana Rayla District Bhilwara. (At Present At Sub Jail, Gulabpura Bhilwara)

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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. 2687/2023 Laxminarayan @ Kalu Teli S/o Jeevan Teli, Aged About 28 Years, Sanodiya, P.s. Rayla, Dist. Bhilwara. (At Present Lodged In Sub Jail, Gulabpura).

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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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S.B. Criminal Miscellaneous Bail Application No. 3153/2023 Kishan Gurjar S/o Devkaran Gurjar, Aged About 24 Years, R/o Sareri, Police Station Rayla, District Bhilwara. (Presently Lodged In District Jail, Bhilwara)

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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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For Petitioner(s) : Mr. Jitendra Ojha. Mr. Rajendra Singh Charan. Mr. N.K. Gurjar. For Respondent(s) : Mr. Shrawan Kumar, PP.

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HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

[2023/RJJD/018149]

[CRLMB-3152/2023]

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30/05/2023

These 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.53/2023 registered at Police Station Rayla, District Bhilwara, for the offences punishable under Sections 458, 395, 397, 384 and 427 IPC.

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

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Learned counsel for the petitioners submitted that in the FIR dated 25.02.2023 lodged against the petitioners, omnibus allegations have been levelled against them and co-accused persons. Learned counsel submitted that the investigating agency has already filed challan before the competent criminal court.

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Learned counsel further submitted that co-accused persons namely Bhairulal Teli, Kamlesh Lohar, Ramjas Gurjar and Raju Lohar have already been enlarged on bail by the Additional Sessions Judge, Gulabpura, District Bhilwara vide order dated 26.05.2023 on the ground that co-accused persons and complainant have entered into compromise and they have decided to settle their dispute amicably. Learned counsel submitted that the case of the present petitioners is not distinguishable from that of co-accused persons who have already been enlarged on bail. On these grounds, he implored the Court to enlarge the petitioners on bail.

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Per contra, learned Public Prosecutor has opposed the bail applications, however, he was not in position to dispute the fact that co-accused persons have already been enlarged by the Additional Sessions Judge, Gulabpura, District Bhilwara on bail on the ground

[2023/RJJD/018149]

[CRLMB-3152/2023]

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that the parties have entered into compromise and decided to settle their dispute amicably.

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Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

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Consequently, these bail applications under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Sanwar Lal Luhar S/o Bheru Lal Luhar, (2) Laxminarayan @ Kalu Teli S/o Jeevan Teli and (3) Kishan Gurjar S/o Devkaran Gurjar arrested in connection with F.I.R. No.53/2023 registered at Police Station Rayla, District Bhilwara, 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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A copy of this order be placed in each file.

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(KULDEEP MATHUR),J

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36 to 38-Tikam/-

Kishan Gurjar v. State of Rajasthan

Case brief

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Kishan Gurjar v. State of Rajasthan

Case brief

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