Allowed

Ramkishan Sharma S/O Shri Radheshyam v. State of Rajasthan

Rajasthan HC4 Jul 2023CRLMB/3998/2023

Case brief

AI extract

What is this about?

This is a bail application under Section 438 Cr.P.C. in connection with FIR No. 54/2023 for offences under IPC and Arms Act. The court allowed the application, directing release upon arrest if a bond of Rs. 50,000 with two sureties of Rs. 25,000 each is furnished.

What did the court decide?

Contemplative bail allowed; petitioner to be released on bond of Rs. 50,000 with two sureties of Rs. 25,000 each on specified conditions.

Ramkishan Sharma S/O Shri Radheshyam Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 3998/2023

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Ramkishan Sharma S/o Shri Radheshyam, R/o Barbar Bhuwana, District Jhunjhunu.

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----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. Vinay Pal Yadav For Respondent(s) : Mr. M.S. Saini, PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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04/07/2023

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The present bail application has been filed under Section 438 Cr.P.C. on behalf of the accused-petitioner in connection with FIR No. 54/2023 registered at Police Station Jawahar Nagar, District Jaipur for the offence(s) under Section(s) 323, 342, 362, 386, 504 & 506 IPC & Sections 3/25 of the Arms Act.

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Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case. He has nothing to do with the alleged offence. The other co-accused person namely Diwakar Sharma has already been granted anticipatory bail by a co-ordinate bench of this Court. He further submits that compromise has been arrived at in between the parties. No recovery is pending against the petitioner. Trial is likely to take long time to conclude. His custodial interrogation would not be required for any purpose.

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(2 of 2) [CRLMB-3998/2023]

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Learned Public Prosecutor has vehemently opposed the bail application.

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Having considered the overall allegations leveled in the FIR and contentions made by the counsel for the accused-petitioner.

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Taking into account the totality of facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application filed on behalf of the accused-petitioner.

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Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Jawahar Nagar, District Jaipur in F.I.R. No. 54/2023 is directed that in the event of arrest of the petitioner - Ramkishan Sharma S/o Shri Radheshyam, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

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(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

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(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

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(iii) that the petitioner shall not leave India without previous permission of the court.

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(VINOD KUMAR BHARWANI),J

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SAHIL SONI /469

Ramkishan Sharma S/O Shri Radheshyam v. State of Rajasthan

Case brief

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Ramkishan Sharma S/O Shri Radheshyam v. State of Rajasthan

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