Dismissed

Deepak Beniwal S/O Dileep Singh v. State of Rajasthan

Rajasthan HC17 Sept 2024CRLMB/11231/2024

Case brief

AI extract

What is this about?

The High Court dismissed bail applications for two petitioners accused of robbery. The Court held that despite investigation completion and no further interrogation needed, the petitioners should bail be denied until the complainant is examined by the trial court.

What did the court decide?

Both bail applications filed by Ravi Rai and Deepak Beniwal were dismissed.

Deepak Beniwal S/O Dileep Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:39029]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 9603/2024 Ravi Rai S/o Gopendra, Aged About 32 Years, R/o Brahampuri Colony, Hindaun City, Police Station Nai Mandi, Hindaun City, District Karauli. (At Present In Sub Jail, Bayana, 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 2^nd Bail Application No. 11231/2024 Deepak Beniwal S/o Dileep Singh, Aged About 30 Years, R/o Saray Jat, Hindaun City, P.s. Hindaun City Dist. Karauli. (At Present Confined In Sub Jail, Bayana)

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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. Chandra Mohan Sharma (In CRLMB No.9603/2024) Mr. N.K. Tiwari (In CRLMB No.11231/2024)
For Respondent(s)	: Ms. Aarti Sharma, Public Prosecutor Mr. Rahul Sharma on behalf of
	Mr. Rajneesh Gupta for complainant

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HON'BLE MR. JUSTICE GANESH RAM MEENA Order

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17/09/2024

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Both the bail applications have been filed by the petitioners under Section 483 of the B.N.S.S., arising out of F.I.R. No.0252/2024, registered with the Police Station Bayana, District Bharatpur for offences under Section 392 of IPC.

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The second bail application ( S.B. Criminal Misc. Bail Application No.11231/2024 ) has been filed by the petitioner Deepak Beniwal after dismissal of his first bail application ( S.B.

[2024:RJ-JP:39029]

[CRLMB-9603/2024]

(2 of 3)

Criminal Misc. Bail Application No.9522/2024 ) which was dismissed as withdrawn by this Court vide order dated 16.08.2024 with liberty to file fresh bail application after completion of investigation.

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Learned counsel appearing for the petitioner Ravi Rai submits that he is the driver of the vehicle and not a part of the team with the co-accused in committing the robbery. Counsels appearing for both the petitioners further submit that the Police after completion of investigation has submitted charge-sheet in the matter and the petitioners are no more required for any kind of interrogation or recovery. Counsels further submit that the petitioners are in custody since 14.07.2024 and the offence as alleged against them is triable by the Magistrate, therefore, they may be released on bail.

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Learned Public Prosecutor appearing for the State assisted by counsel for the complainant have opposed the bail applications. 5. Considered the submissions made by learned counsel for the petitioners, learned Public Prosecutor as well as counsel for the complainant and also perused the challan papers.

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As per charge-sheet, robbery of Rs.19,31,000/- was committed by the petitioners after having conspiracy which is revealed from the call conversation with all the accused persons and amount of Rs.4,75,000/- and Rs.3,30,000/- have also been recovered at the instance of petitioners Deepak Beniwal and Ravi Rai respectively.

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The maximum punishment for offence under Section 392 of IPC as provided under law is 10 years imprisonment.

(3 of 3)

[2024:RJ-JP:39029]

[CRLMB-9603/2024]

Taking into consideration the overall facts & circumstances of the case and the evidence made available on record so also the fact that the complainant is still to be examined by the trial Court and in such a case it would not be proper to release the petitioners on bail until the complainant is examined by the trial Court. This Court at this stage is not inclined to enlarge the petitioners on bail.

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Accordingly, both the bail applications are dismissed.

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The Registry is directed to place a copy of this order in the connected case file.

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(GANESH RAM MEENA),J

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Satyendra/16-17

Deepak Beniwal S/O Dileep Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deepak Beniwal S/O Dileep Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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