Allowed

Gordhan Singh S/O Shri Mukat Bihari v. the State of Rajasthan

Rajasthan HC23 Feb 2024CRLMB/1179/2024

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed the petitioner's pre-arrest bail application under Section 438 Cr.P.C., directing release on furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each, subject to specific conditions regarding interrogation and travel abroad.

What did the court decide?

The anticipatory bail application is allowed; the petitioner shall be released on bail upon arrest by furnishing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Gordhan Singh S/O Shri Mukat Bihari Vs the State of… — Anticipatory Bail | Rajasthan HC (2024)

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[2024:RJ-JP:9395]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1179/2024 Gordhan Singh S/o Shri Mukat Bihari, Aged About 24 Years, R/o Tehra Lodha, Police Station Chiksana, District Bharatpur (Raj.).

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----Petitioner

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Versus

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The State Of Rajasthan, Through PP

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----Respondents

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For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. M.K. Sheoran, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

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23/02/2024

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The instant pre-arrest bail application has been filed under Section 438 Cr.P.C. on behalf of the petitioner, who is having apprehension of his arrest in connection with FIR No.313/2023 registered at Police Station Chiksana, District Bharatpur for the offences punishable under Sections 143, 323 and 341 of IPC. Presently, investigation is being conducted in this matter for the offences punishable under Sections 147, 148, 149, 323, 324, 341, 504 and 307 of IPC

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Learned counsel for the petitioner submits that accusedpetitioner has falsely been implicated in this case. He submits that cross cases have been registered between the parties. He further submits that eight persons from the petitioner’s side have sustained injuries. He submits that initially when the injured (Dharamveer) was examined on 16.08.2023, no allegations were levelled against the petitioner. Later on, when his statement was recorded under Section 161 Cr.P.C. he changed his version and levelled allegations against the petitioner that petitioner gave

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farsa blow on his head. Counsel submits that injury assigned to the petitioner has been opined as simple in nature. Other coaccused persons namely- Chob Singh and Munesh Singh have been granted benefit of pre-arrest bail by this Court. He further submits that there is no criminal antecedents of the petitioner and custodial interrogation of the petitioner is not required in this matter.

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Learned Public Prosecutor vehemently opposes the bail application and submits that petitioner is named in FIR. 4. Considering the facts and circumstances of the case, especially, the fact that injury attributed to the petitioner has been opined as simple in nature; cross cases have been registered between the parties; aforementioned co-accused persons of this case have already been granted benefit of pre-arrest bail by this court and other remaining co-accused persons have been granted regular bail by the trial court; absence of criminal antecedents of the petitioner, but without expressing any opinion on the merits or demerits of the case, this court deems it just and proper to allow the anticipatory bail application.

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Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Chiksana, District Bharatpur in connection with FIR No.313/2023 is directed that in the event of arrest of the petitioner Gordhan Singh S/o Shri Mukat Bihari , he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the

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following conditions:-

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(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

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(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

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(iii) that the petitioner shall not leave India without previous permission of the court.

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(ANIL KUMAR UPMAN),J

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Vikas/51

Gordhan Singh S/O Shri Mukat Bihari v. the State of Rajasthan

Case brief

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Gordhan Singh S/O Shri Mukat Bihari v. the State of Rajasthan

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