Allowed

Prem @ Prem Prakash v. State of Rajasthan

Rajasthan HC1 May 2024CRLMB/1475/2024

Case brief

AI extract

What is this about?

High Court allowed bail applications filed by two accused persons charged under Sections 143, 307, and others of IPC. The Court held that no case is made out as no specific overt act was assigned to the petitioners, and incarceration is unjustified pending trial.

What did the court decide?

Petitioners enlarged on bail by furnishing personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the trial Court.

Prem @ Prem Prakash Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JD:18742]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1474/2024

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Raju Ram S/o Shri Harji Ram, Aged About 27 Years, R/o Sangwa Chitalwana Police Station District Sanchore (Jalore) (Lodged In Sub Jail Phalodi)

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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 Bail Application No. 1475/2024 Prem @ Prem Prakash S/o Ramkishan, Aged About 30 Years, R/o Kandhi Ki Dhani Gudamalani District Barmer At Present R/o 4-1157/1 Annpurna Complex Parking Space Karim Nagar Telgana (Lodged In Sub Jail Phalodi)

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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. DL Deora
For Respondent(s)	: Mr. M. Khan,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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01/05/2024

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The jurisdiction of this Court has been invoked by way of filing applications under Section 439 Cr.P.C. at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	136/2023
2.	Concerned Police Station	Dechu
3.	District	Jodhpur

(2 of 3)

[2024:RJ-JD:18742]

[CRLMB-1474/2024]

4.	Offences alleged in the FIR	Under Sections 143, 458 and 307 of the IPC
5.	Offences added, if any	Section 459, 323, 324, 325, 326 and 394/34 of the IPC
6.	Date of passing of impugned order	24.01.2024

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It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioners and they have been made accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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Heard learned counsel for the parties and perused the material as made available to this Court. A perusal of the statement of prosecution witnesses Goma Ram as well as of the Lakha Ram revealing that the main allegations of inflicting grievous injuries are upon co-accused Sanga Ram and no specific role or overt act of the petitioners has been assigned. The petitioners are behind the bars from around three months. After investigation, charge-sheet has been filed but the trial has not been commenced yet and probably it would take a further long time to reach on a legitimate conclusion. Till the disposal of the trial, keeping the petitioners behind the bars would not be justifiable. In light of

(3 of 3)

[2024:RJ-JD:18742]

[CRLMB-1474/2024]

these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioners in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accusedpetitioners as named in the cause title shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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A copy of this order be placed in each file.

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(FARJAND ALI),J

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41 and 43 divya/-

Prem @ Prem Prakash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prem @ Prem Prakash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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