Allowed

Kapil Kumar S/O Sadan Singh v. State of Rajasthan

Rajasthan HC23 Sept 2024CRLMB/11609/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed bail applications filed by two accused petitioners. The court, noting that co-accused were freed and no specific act was attributed to the petitioners, ordered their release on bail with a personal bond and two sureties.

What did the court decide?

Release of accused petitioners on bail with a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Kapil Kumar S/O Sadan Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

¶1

[2024:RJ-JP:40274]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Misc. Bail Application No. 11609/2024

¶4

Kapil Kumar S/o Sadan Singh, Aged About 19 Years, R/o Usrani, Police Station Kumher, District Deeg, Rajasthan. (At Present Confined In Central Jail Bharatpur)

¶5

----Petitioner

¶6

Versus

¶7

State of Rajasthan, Through PP

¶8

----Respondent

¶9

Connected With

¶10

S.B. Criminal Misc. Bail Application No. 11610/2024

¶11

Luvkush S/o Sadan Singh, Aged About 21 Years, R/o Usrani, Police Station Kumher, District Deeg, Rajasthan. (At Present Confined In Central Jail Bharatpur)

¶12

----Petitioner

¶13

Versus

¶14

State of Rajasthan, Through PP

¶15

----Respondent

¶16

For Petitioner(s) : Mr. Himmat Singh Bikarwar For Respondent(s) : Ms. Aarti Sharma, PP Mr. J.K. Moolchandani for complainant

¶17

HON'BLE MR. JUSTICE GANESH RAM MEENA

¶18

Order

¶19

23/09/2024

¶20

Both of these bail applications have been filed by the accused- petitioners under Section 483 B.N.S.S, in connection with F.I.R. No.290/2024, registered at the Police Station Kumher, District Deeg for the offences under Sections 143, 323, 341, 452, 504 & 302 of IPC.

¶21

Counsel for the petitioners submits that as per the

[2024:RJ-JP:40274]

[CRLMB-11609/2024]

(2 of 3)

averments made in First Information Report, there is a general allegation of causing injury to the deceased, however, no specific overt act has been attributed to both of them. Counsel further submits that co-accused namely; Sadan & Jitendra have already been enlarged on bail by this Court vide order dated 09.09.2024. Counsel further submits that the cause of death is the gun-shot injury which has not been assigned by the accused- petitioners. Counsel also submits that the petitioners are in custody since 10.05.2024 and trial will take its own time. Therefore the petitioners may be released on bail.

¶26

Learned Public Prosecutor assisted by counsel for the complainant have vehemently opposed both the bail applications. Counsel for the complainant submits that as per the evidence on record the accused- petitioners are involved in commission of the offence and have caused injury to the deceased.

¶27

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

¶28

Taking into consideration the allegations levelled against the petitioners so also the fact that no specific overt act has been attributed to them and the co-accused have already been enlarged on bail by this Court vide order dated 09.09.2024 and the petitioners are in custody since 10.05.2024, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the petitioners on bail.

¶29

Both of these bail applications are, accordingly, allowed and

(3 of 3)

[2024:RJ-JP:40274]

[CRLMB-11609/2024]

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 that 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.

¶34

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

¶35

(GANESH RAM MEENA),J

¶36

DIVYA SAINI /16-17

Kapil Kumar S/O Sadan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kapil Kumar S/O Sadan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lokesh Kumar S/O Ratan Lal Vs State of Rajasthan

Santram Dayma S/O Kanhaiya Lal Vs State of Rajasthan

Akshay Kumar S/O Bani Singh Vs State of Rajasthan

Aavid S/O Jabbar Vs State of Rajasthan

Munfed @ Buggi Son of Sardara Khan Vs State of Rajasthan

Rohit @ Bafla S/O Navalkishore Vs State of Rajasthan