Allowed

Shambhu Singh@ Shambuda v. State of Rajasthan

Rajasthan HC11 Jan 2023CRLMB/427/2023

Case brief

AI extract

What is this about?

This order grants bail to the petitioner arrested for offences under Sections 341, 323 and 395 IPC. The High Court allowed the application under Section 439 Cr.P.C. finding no material distinction from a co-accused already on bail, directing release on a personal bond.

What did the court decide?

Petitioner released on bail on a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each to the satisfaction of the trial court.

Shambhu Singh@ Shambuda Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 427/2023

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Shambhu Singh @ Shambuda S/o Chhog Singh, Aged About 22 Years, R/o Bhakarda Taragarh, Police Station Jawaja, District Ajmer

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(Presently lodged in Rajsamand Jail Since 08-09-2022)

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----Petitioner

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Versus

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State of Rajasthan through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Jai Kishan Rankawat For Respondent(s) : Mr. Shrawan Bishnoi, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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11/01/2023

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner has been arrested in FIR No.352/2022 of Police Station Bheem, District Rajsamand for the offences punishable under Sections 341, 323 and 395 IPC. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that co-accused Mahipal Singh @ Khatri has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 20.12.2022 and the case of the petitioner is not distinguishable from that of co-accused person.

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Learned Public Prosecutor has opposed the bail application, however, he is not in a position to dispute the fact that co-accused

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(2 of 2) [CRLMB-427/2023]

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Mahipal Singh @ Khatri has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 20.12.2022 and the case of the petitioner is not distinguishable from that of co-accused person.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Shambhu Singh @ Shambuda S/o Chhog Singh shall be released on bail in connection with FIR No.352/2022 of Police Station Bheem, District Rajsamand provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.23

Shambhu Singh@ Shambuda v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shambhu Singh@ Shambuda v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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