Allowed

Shiv Kumar @ Soniya S/O Shri Ram Chandra v. State of Rajasthan

Rajasthan HC11 Sept 2024CRLMB/10410/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by two accused persons under Section 483 of the BNSA. It held that no specific overt-acts were assigned to them in the FIR and the injury was attributed to a third party. Citing the release of co-accused on bail, the court directed their release on personal bond with sureties without opining on merits.

What did the court decide?

Petitioners released on bail by furnishing a personal bond of Rs. 1,00,000/ and two sureties of Rs. 50,000/ each.

Shiv Kumar @ Soniya S/O Shri Ram Chandra Vs State of… — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:38574]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10410/2024

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Shiv Kumar @ Soniya S/o Shri Ram Chandra, R/o Village Tiheyapura, Police Station Maniya, District Dholpur (Rajasthan) Presently Confined In District Jail Dholpur.

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Kalli @ Omveer S/o Shri Ramsanehi, R/o Village Tiheyapura, Police Station Maniya, District Dholpur (Rajasthan) Presently Confined In District Jail Dholpur.

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----Petitioners

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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. Dheeraj Singhal For Respondent(s) : Mr. N.S. Dhakad, Public Prosecutor

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HON'BLE MR. JUSTICE GANESH RAM MEENA Order

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11/09/2024

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This bail application has been filed by the petitioners under Section 483 of the B.N.S.A. arising out of F.I.R. No.284/2024, registered with the Police Station Maniya Dholpur, District Dholpur for offences under Sections 143, 323, 341, 307 & 504 of IPC.

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Learned counsel for the petitioners submits that no specific overt-act has been assigned to the petitioners in the FIR and in the statement of the injured witness Keshav, the fire arm injury sustained by him has been attributed to Jitendra. Counsel further submits that the petitioners are in custody since 27.07.2024. Counsel further submits that co-accused namely Lokendra Singh @ Lokendara Singh and Bhuri Singh have already been released on bail by this Court vide order dated 02.09.2024 passed in S.B. Criminal Misc. Bail Application No.9592/2024 and the case of the

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[2024:RJ-JP:38574]

[CRLMB-10410/2024]

present petitioners is in no manner distinguishable from the case of co-accused persons who have been released on bail by this Court, therefore, the petitioners may be released on bail.

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Learned Public Prosecutor appearing for the State opposed the bail application.

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Considered the submissions made by learned counsel for the petitioners as well as learned Public Prosecutor.

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Taking into consideration the allegations levelled against the petitioners so also the fact that no specific overt-act has been assigned to them and the fire arm injury sustained by the injured has also not been attributed to them and also the fact that similarly situated co-accused persons have already been released on bail by this Court, this Court without expressing any opinion on merits and demerits of the case, deems just and proper to enlarge the petitioners on bail.

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Accordingly, this bail application is allowed and it is directed that accused-petitioners shall be released on bail provided each of them shall furnish a personal bond in the sum of Rs.1,00,000/(Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that they shall appear before the trial Court or any other Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(GANESH RAM MEENA),J

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Satyendra/32

Shiv Kumar @ Soniya S/O Shri Ram Chandra v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shiv Kumar @ Soniya S/O Shri Ram Chandra v. State of Rajasthan

Case brief

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