Allowed

Vikash Kumar Soni S/O Shri Rajendra Prasad v. State of Rajasthan

Rajasthan HC13 Dec 2024/10388/2024

Case brief

AI extract

What is this about?

Hon'ble High Court of Rajasthan allowed bail applications filed by Vikash Kumar Soni and Ganesh Saini under Section 483 of BNS 2023 for offences under Sections 380 and 411 of IPC, granting bail after observing their custody duration despite opposing arguments.

What did the court decide?

Release on bail conditioned upon furnishing personal bond of Rs.1,00,000/each and securing two solvent sureties each of Rs.50,000.

Vikash Kumar Soni S/O Shri Rajendra Prasad Vs State of… — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:51270]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No.10388/2024

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Vikash Kumar Soni S/o Shri Rajendra Prasad, Aged About 24 Years, R/o Gram Nangal Koju, P.s. Govindgarh, Jaipur (Raj.) At Presently Confined In Central Jail Jaipur)

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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.13821/2024

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Ganesh Saini S/o Omprakash, Aged About 25 Years, R/o Plot No. 6, Shivdhara Colony, Sardarpura Petrol Pump Ke Pichhe, Sindolai, Police Station Harmada, Jaipur

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(At Present Confined In Centre Jail Jaipur)

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----Petitioner

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Versus

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State Of Raj., Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Vinod Kumar Sharma, Adv. with Mr. Bharat Singh Gurjar, Adv. on behalf of Mr. Chandrahas Choudhary, Adv. For Respondent(s) : Mr. Vivek Choudhary, PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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13/12/2024

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These bail applications have been filed by the accusedpetitioners No.1-Vikash Kumar Soni and No.2-Ganesh Saini under Section 483 of B.N.S.S. against the orders dated 31.07.2024 and 28.10.2024 respectively passed by learned Additional District and Sessions Judge No.2, Jaipur Metropolitan-II, Jaipur in connection

[2024:RJ-JP:51270]

[CRLMB-10388/2024]

(2 of 3)

with FIR No.346/2024, registered at Police Station Kardhani, District Jaipur (West) for the offence under Sections 380 and 411 of IPC by which the bail applications of the accused-petitioners under Section 483 of B.N.S.S. has been dismissed.

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Learned counsel for the accused-petitioners submitted that the accused-petitioners have falsely been implicated in this case. Learned counsel further submitted that the offence punishable against the accused-petitioners is triable by Magistrate and the charge-sheet has already been filed against the accusedpetitioners.

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Learned counsel for the accused-petitioners argued that the accused-petitioner No.1-Vikash was arrested on 08.07.2024 and accused-petitioner No.2-Ganesh was arrested on 07.07.2024 and since then, they are behind the bars. Learned counsel further argued that the trial will take time to conclude and therefore, the accused-petitioners be granted benefit of bail.

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Learned Public Prosecutor while vehemently opposing this bail application, submitted that as many as 11 other cases of similar nature are pending against the accused-petitioner No.1Vikash and 25 other cases of similar nature are pending against the accused-petitioner No.2-Ganesh, and therefore, the accusedpetitioners not be enlarged on bail.

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Heard learned counsel for the accused-petitioners and learned Public Prosecutor and also perused the material available on record.

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Learned Public Prosecutor submitted the factual report dated

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04.09.2024 and the same is taken on record.

[2024:RJ-JP:51270]

[CRLMB-10388/2024]

(3 of 3)

Admittedly, the offence alleged against the accusedpetitioners is triable by Magistrate and the charge-sheet has already been filed against the accused-petitioners.

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Having regard to the facts and circumstances of the case and considering the fact that the accused-petitioners are behind the bars for about five months, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail applications filed by the accused-petitioners.

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Consequently, these bail applications filed under Section 483 of B.N.S.S., 2023 is allowed. It is ordered that accused-petitioners

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Vikash Kumar Soni S/o Shri Rajendra Prasad and Ganesh Saini S/o Omprakash , arrested in FIR No.346/2024, registered at Police Station Kardhani, District Jaipur (West) shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- each and two solvent sureties of Rs.50,000/each duly attested to the satisfaction of the trial Court. Petitioners shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /86-87

Vikash Kumar Soni S/O Shri Rajendra Prasad v. State of Rajasthan

Case brief

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Vikash Kumar Soni S/O Shri Rajendra Prasad v. State of Rajasthan

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