Allowed

Kunwarpal Singh @ K.P. Singh S/O Thakur Das v. the State of Rajasthan

Rajasthan HC18 Apr 2024CRLMB/16181/2023

Case brief

AI extract

What is this about?

Bench allowed bail to accused-petitioner Kunwarpal Singh for offences under IPC sections 420, 406, 467, and 468, considering co-accused was on bail and other pending cases involved; ordered personal bond and two sureties.

What did the court decide?

Accused-petitioner released on bail via personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each appearing on all hearing dates.

Kunwarpal Singh @ K.P. Singh S/O Thakur… — Contract and Commercial Disputes | Rajasthan HC (2024)

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[2024:RJ-JP:18066]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 16181/2023

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Kunwarpal Singh @ K.p. Singh S/o Thakur Das, Aged About 49 Years, R/o Rang Talab, New Basti, Near Nahar Pulia, Kota Junction P.s. Railway Colony, Kota District Kota (Rajasthan) (Accused In District Jail, Bundi).

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----Petitioner

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Versus

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The State Of Rajasthan, Through Pp

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Dinesh Sharma S/o Pitamber Sharma, R/o Dei Thana Dei, Distt. Bundi.

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Lodki Lal S/o Chaturbhuj, R/o Gram Tanvra Ka Jhopda, P.s. Dei, Tehsil Nainwaan, Distt. Bundi.

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----Respondents

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For Petitioner(s) : Mr. Ashwani Bhargava Ms. Nisha Chandran For Respondent(s) : Mr. Ganesh Saini, PP Mr. P.S Sharma Mr. G.L. Gaur Mr. Jitendra Kumar Sharma

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order

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18/04/2024

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This bail application has been filed by the accused-petitioner against the order dated 15.12.2023 passed by learned Special Judge under Section 439 of the Cr.P.C. in connection with FIR No. 404/2022, registered at Police Station Kotwali Bundi, District Bundi, Rajasthan for the offences under Sections 420, 406, 467 and 468 of the IPC by which the bail application of the accusedpetitioner 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.

(2 of 3)

[2024:RJ-JP:18066]

[CRLMB-16181/2023]

Counsel further submitted that the main accused Mahaveer has been enlarged on bail by this Court in in S.B Criminal Misc. Application No. 13900/2023 vide order dated 07.11.2023. The case of present petitioner is not different from that of the main accused-Mahaveer. The petitioner was arrested on 8.12.2023 and is behind the bars since then. The chargesheet has been submitted before the Trial Court. The offence is triable by Judicial Magistrate First Class. The counsel further submits that trial will take time to conclude. Therefore, the present petitioner be enlarged on bail.

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Learned Public Prosecutor assisted by learned counsel for the complainant vehemently while opposing this bail application submitted that two other criminal cases i.e. Case No. 262/21 under Section 420, 120B of IPC and 4/6 of Public Examinations(Prevention of Unfair Means) Act, Police Station Borkheda, Kota and Case No. 236/21 under Section 420, 120B of IPC and 4/6 of Public Examinations(Prevention of Unfair Means) Act, Police Station Udai, District Sawai Madhopur are also pending against the accused-petitioner and therefore, the accusedpetitioner may not be released 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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Having regard to the facts and circumstances of the case and considering the fact that the co-accused has already been enlarged on bail by this Court, and in the other two cases which are registered against present petitioner, Case No. 262/21 under

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(3 of 3) [CRLMB-16181/2023]

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[2024:RJ-JP:18066]

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Section 420, 120B of IPC and 4/6 of Public Examinations(Prevention of Unfair Means) Act, Police Station Borkheda, Kota and Case No. 236/21 under Section 420, 120B of IPC and 4/6 of Public Examinations(Prevention of Unfair Means) Act, Police Station Udai, District Sawai Madhopur, the present petitioner has already been granted bail by Co-ordinate Bench of this Court, case is triable by Magistrate of First Class and that the trial will take time to conclude 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 petitioner.

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Consequently, this bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that accused-petitioner Kunwarpal Singh @ K.P. Singh S/o Thakur Das arrested in FIR No.404/2022, registered at Police Station Kotwali Bundi, District Bundi shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ASHUTOSH KUMAR),J

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TANISHA /5

Kunwarpal Singh @ K.P. Singh S/O Thakur Das v. the State of Rajasthan

Case brief

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Kunwarpal Singh @ K.P. Singh S/O Thakur Das v. the State of Rajasthan

Case brief

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