Allowed

Ramsingh S/O Magan Lal Meena v. State of Rajasthan

Rajasthan HC9 Sept 2024CRLMB/11082/2024

Case brief

AI extract

What is this about?

The Rajasthan High Court at Jaipur allowed a bail application under Section 483 of the B.N.S.S., 2023 for an accused facing charges of attempted murder and zn damage. The Court observed that similarly situated co-accused persons had already been granted bail and allowed the applicant to be released on bond and two sureties.

What did the court decide?

Accused-petitioner released on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Ramsingh S/O Magan Lal Meena Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2024)

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[2024:RJ-JP:38162]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 11082/2024 Ramsingh S/o Magan Lal Meena, R/o Kaji Kundali, Thana Batoda Presently Residing At R/o 76/196, R.H.B. Pratap Nagar, Sanaganer, Jaipur.

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(At Present Confined In District Jail Sawai Madhopur)

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----Accused-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 : Mr. Rajeev Bhushan Bansal, Adv. For Respondent : Mr. Manvendra Singh Shekhawat, PP with Mr. Manvendra Singh

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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09/09/2024

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This bail application has been filed by the accused-petitioner under Section 483 of the B.N.S.S., 2023 against the order dated 23.08.2024 passed by learned Additional Sessions Judge, Sawai Madhopur in connection with FIR No.368/2021, registered at Police Station Mantown, District Sawai Madhopur for the offences under Sections 307 and 427 read with Section 34 of IPC and later on under Sections 5(1)(k) read with Section 27 (1) of the Arms Act, 1959 by which the bail application of the accused-petitioner under Section 439 of Cr.P.C. has been dismissed.

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Learned counsel for the accused-petitioner submitted that

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the accused-petitioner has falsely been implicated in this case.

[2024:RJ-JP:38162]

[CRLMB-11082/2024]

(2 of 4)

Learned counsel further submitted that in the present FIR, the accused-petitioner has not been named and no injury was caused to the complainant. Learned counsel also submitted that after the investigation, charge-sheet against Harimohan, Rajendra Meena and Dilkhush was filed, at that time, an investigation against the present accused-petitioner Ramsingh was kept pending under Section 173(8) of Cr.P.C. Subsequently, the present accusedpetitioner was arrested on 17.12.2023 and now, supplementary charge-sheet has also been filed against the present accusedpetitioner.

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Learned counsel for the accused-petitioner argued that the accused-petitioner was arrested on 17.12.2023 and since then, he is behind the bars. Learned counsel further argued that the coaccused persons namely Dilkhush, Rajendra and Harimohan have already been enlarged on bail by the Coordinate Bench of this Court vide orders dated 05.03.2022, 25.02.2022 and 18.01.2022, passed in S.B. Criminal Miscellaneous Bail Application Nos.3265/2022, 3013/2022 and 21079/2021 respectively and the case of the present accused-petitioner is not distinguishable from that of the co-accused persons and therefore, the accusedpetitioner be granted benefit of bail.

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Learned Public Prosecutor while vehemently opposing this bail application, submitted that another case of similar nature is pending against the accused-petitioner and therefore, the accused-petitioner not be enlarged on bail.

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

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Admittedly, the complainant-Ramkishore has lodged the FIR stating therein that Rajendra Meena, Dilkhush and two other persons opened fire on him and attempted to commit his murder, however, no injury was caused to him. The co-accused persons namely Dilkhush, Rajendra and Harimohan have already been enlarged on bail by the Coordinate Bench of this Court vide orders dated 05.03.2022, 25.02.2022 and 18.01.2022, passed in S.B. Criminal Miscellaneous Bail Application Nos.3265/2022, 3013/2022 and 21079/2021 respectively and the case of the present accused-petitioner is not distinguishable from the coaccused persons, who have already been enlarged on bail.

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Having regard to the facts and circumstances of the case and considering the fact that the similarly situated co-accused persons who have been named in the FIR have already been enlarged on bail, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-petitioner.

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Consequently, this bail application filed under Section 483 of B.N.S.S., 2023 is allowed. It is ordered that accused-petitioner Ramsingh S/o Magan Lal Meena, arrested in FIR No.368/2021, registered at Police Station Mantown, District Sawai Madhopur shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/each to the satisfaction of the trial Court. Petitioner shall be

(4 of 4)

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[CRLMB-11082/2024]

required to appear before that Court on all dates of hearing and as

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and when called upon to do so.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /274

Ramsingh S/O Magan Lal Meena v. State of Rajasthan

Case brief

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Ramsingh S/O Magan Lal Meena v. State of Rajasthan

Case brief

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