Allowed

Sangeeta @ Chipakli W/O Sukhveer Singh v. State of Rajasthan

Rajasthan HC7 Nov 2024CRLMB/10198/2024

Case brief

AI extract

What is this about?

This judgment grants bail to two accused-petitioners in a murder and robbery case involving Sections 394, 302 IPC and Arms Act. The court ordered their release by furnishing a personal bond and two sureties, relying on the fact that a similarly situated co-accused was enlarged on bail by the Apex Court.

What did the court decide?

Accused-petitioners to be enlarged on bail by furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Judge.

Sangeeta @ Chipakli W/O Sukhveer Singh Vs State… — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JP:46070]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10198/2024

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Sangeeta @ Chipakli W/o Sukhveer Singh, Aged About 25 Years, R/o Suvedar Ka Pura, Khera Rathore, District Agra, U.p. (At Present Accused Petitioner Confined In Central Jail Bharatpur).

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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. 11736/2024 Akash Singh @ Kanha S/o Shri Udaiveer, Aged About 19 Years, R/o Ranjeetpura Police Station Shamshabad, District Agra At Present Subedar Ka Pura, Police Station Kheda Rathore, District Agra. (At Present Confined At Central Jail Bharatpur).

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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. Deepak Gautam For Respondent(s) : Mr. Devi Singh, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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07/11/2024

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These instant bail applications have been filed under Section 483 B.N.S.S. on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.898/2023 registered at Police Station Bayana, District Bharatpur for the offence(s) under Sections 394, 302 & 34 of IPC and Section 3/25 of Arms Act.

[2024:RJ-JP:46070]

[CRLMB-10198/2024]

(2 of 4)

Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. It is alleged against the petitioners that they conducted surveillance of the complainant and thereafter aided the other co-accused to commit the robbery and causing death of complainant’s nephew Sahil Jain @ Manni. It is also alleged that after causing death of the deceased Sahil Jain @ Manni, two persons ran away from the place of occurrence with a laptop bag and Rs.37,000/- along with two gold chains. It is also contended that the police has chargesheeted eight accused in the said matter and as per the FIR, two persons committed robbery. There is no direct allegation against the petitioners that they committed the said offences. It is also contended that connivance of the petitioners along with the other co-accused is not established and there is no reliable evidence available on record indicating that petitioners were in connivance with the other co-accused aided them to commit the robbery. It is also contended that the main allegation of causing robbery and committing death of the deceased Sahil Jain @ Manni are against the other co-accused Sukhveer, Rahul @ Kalu & Ravindra @ Baigan. It is also contended that similarly placed co-accused Aakash S/o Jagan Singh has already been enlarged on bail and the case of the petitioners are akin to the case of Aakash S/o Jagan Singh. The petitioners are in custody since long and trial/investigation of the case may take considerable time, therefore, the bail applications of the accused-petitioners may be allowed.

[2024:RJ-JP:46070]

[CRLMB-10198/2024]

(3 of 4)

Learned Public Prosecutor vehemently opposes the bail applications and contended that the allegation against the petitioners are grave and it is alleged against the petitioners that they in connivance with the other main accused who committed robbery, caused murder of Sahil Jain @ Manni. It is also contended that the main accused after committing the offence, fled away in a vehicle accompanying the petitioner and other co-accused and from the possession of the present petitioners Sangeeta @ Chipakli & Akash Singh @ Kanha Rs.2,5,00/- and Rs.4,000/- were recovered respectively, therefore, the bail applications of accusedpetitioners may be dismissed.

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Heard and perused the factual report along with the material available on record.

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The main allegation of causing robbery with the deceased Sahil Jain @ Manni and causing his death by using fire arm are against the other co-accused Sukhveer, Rahul @ Kalu & Ravindra @ Baigan. Similarly placed co-accused Akash S/o Jagan Singh has already been enlarged on bail by the Hon’ble Apex Court in Criminal Appeal No.4004/2024 dated 24.09.2024, therefore, considering the above facts and taking into consideration that similarly placed co-accused Akash @ Jagan Singh has already been enlarged on bail by the Hon’ble Apex Court. Thus, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail.

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Accordingly, the bail applications under Section 483 B.N.S.S. are allowed and it is ordered that the accused-petitioners namely:

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1. Sangeeta @ Chipakli W/o Sukhveer Singh & 2. Akash

[2024:RJ-JP:46070]

(4 of 4)

[CRLMB-10198/2024]

Singh @ Kanha S/o Shri Udaiveer in connection with FIR No.898/2023 registered at Police Station Bayana, District Bharatpur shall be enlarged on bail provided both of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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Keshav/10-11

Sangeeta @ Chipakli W/O Sukhveer Singh v. State of Rajasthan

Case brief

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Sangeeta @ Chipakli W/O Sukhveer Singh v. State of Rajasthan

Case brief

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