Allowed

Shaitansingh v. State of Rajasthan

Rajasthan HC1 Nov 2023CRLMB/7935/2023

Case brief

AI extract

What is this about?

This bail application was filed by two petitioners arrested for setting a bus on fire in jail. The High Court allowed the application, noting that similar co-accused had already been granted bail by a coordinate bench. The petitioners were released on personal bond and sureties.

What did the court decide?

Petitioners 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.

Shaitansingh Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2023)

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[2023:RJ-JD:36921]

[CRLMB-7935/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 7935/2023

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Shaitan Singh S/o Bharatsingh, Aged About 27 Years, R/o Gigala Ps Khedapa Jodhpur Rural (At Present Lodged In Central Jail Jodhpur)

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Bhupendra Singh S/o Shri Rajendra Singh, Aged About 26 Years, R/o Gigala Ps Khedapa Jodhpur Rural (At Present Lodged In Central Jail Jodhpur)

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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Vikram Singh S/o Shri Sajjan Singh, R/o 235, Gali No.06, Opposite RTO Office, Vidhiya Nagar, P.S. Mahamandir, Jodhpur.

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----Respondent

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For Petitioner(s) : Mr. Sunil Kumar For Respondent(s) : Mr. Laxman Singh, P.P. Mr. Vijay Kumar

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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01/11/2023

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This application for bail under Section 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with F.I.R. No.88/2023 registered at Police Station Soorsagar, Jodhpur, for offences under Sections 484, 436 and 120B of the IPC.

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Heard learned counsel for the petitioners, learned Public Prosecutor so also learned counsel for the complainant. Perused the material available on record.

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Learned counsel for the petitioners submitted that allegation against the petitioners is that they along with co-accused persons, conspired to set bus having registration No.RJ-19-PB-3091 on fire,

[2023:RJ-JD:36921]

[CRLMB-7935/2023]

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while in jail. Learned counsel submitted that the petitioners have been falsely implicated in the present case. It was urged that coaccused persons namely Narendra Singh and Pintu Singh against whom allegation of setting the said bus on fire had been levelled, have already been enlarged on bail by this Court. Learned counsel further submitted that similarly situated co-accused namely Jitendra Singh S/o Bhabhut Singh (S.B. Cr. Misc. Bail Application No.7108/2023), Mahipal Singh (S.B. Cr. Misc. Bail Application No.5858/2023), Ishan @ Harshwardhan (S.B. Cr. Misc. Bail Application No.6258/2023) and Jitendra Singh S/o Bhawani Singh (S.B. Cr. Misc. Bail Application No.6478/2023) have already been enlarged on bail by coordinate Bench of this Court. Learned counsel submitted that the petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.

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Per contra , learned Public Prosecutor and learned counsel for the complainant have opposed the bail application and submitted that the petitioners are habitual offenders. Learned counsel submitted that the petitioners while in jail, conspired to set the said bus on fire, as they wanted to extort money from the bus owner. However, learned Public Prosecutor and learned counsel for the complainant were not in position to refute the fact that above named co-accused have already been enlarged on bail by coordinate Bench of this Court.

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Having considered the rival submissions, facts and circumstances of the case so also the fact that co-accused persons namely Narendra Singh and Pintu Singh who have been named as

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(3 of 3) [CRLMB-7935/2023]

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[2023:RJ-JD:36921]

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culprits of setting the above mentioned bus on fire, have already been enlarged on bail, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.

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Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioners (1) Shaitan Singh S/o Bharatsingh and (2) Bhupendra Singh S/o Shri Rajendra Singh arrested in connection with F.I.R. No. 88/2023 registered at Police Station Soorsagar, Jodhpur, 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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(KULDEEP MATHUR),J

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71-Tikam/-

Shaitansingh v. State of Rajasthan

Case brief

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Shaitansingh v. State of Rajasthan

Case brief

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