Allowed

Hemraj S/O Sanjay Singh v. State of Rajasthan

Rajasthan HC20 Dec 2024CRLMB/16223/2024

Case brief

AI extract

What is this about?

The High Court of Judicature for Rajasthan allowed a bail application filed under Section 483 BNSS for the petitioner, Hemraj, accused of offences under the Bharatiya Nyaya Sanhita. Granting bail without commenting on merits based on factors like co-accused bail and magistria-triable offences.

What did the court decide?

Petitioner released on bail via personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Hemraj S/O Sanjay Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:52602]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 16223/2024

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Hemraj S/o Sanjay Singh, Aged About 19 Years, R/o Khedi Devi Singh, Police Station Nadbai District Bharatpur (Raj) (At Present Confined In District Jail Dausa)

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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. Gaurav Sharma for Mr. Vinod Kumar Sharma For Respondent(s) : Mr. N.S. Dhakar, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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20/12/2024

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The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.263/2024 registered at Police Station Sadar Dausa, District Dausa (Raj.) for the offence punishable under Section 309(6) of BNS. During investigation, offences punishable under Sections 309(4), 309(6) and 311 of BNS & Section 5/27 of Arms Act have been found proved against the petitioner.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that alleged offences are triable by Magistrate. Counsel further submits that charge-sheet has been filed in this matter. Counsel further submits that co-accused Krishnakant & Kanha has been granted benefit of bail by this Court vide order

(2 of 3)

[CRLMB-16223/2024]

[2024:RJ-JP:52602]

dated 11.12.2024. Petitioner is in custody since 11.07.2024. Further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that an another case has been registered against the petitioner.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that charge-sheet has been filed in this matter; alleged offences are triable by Magistrate; co-accused Krishnakant & Kanha has been granted benefit of bail; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner Hemraj S/o Sanjay Singh shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall

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[2024:RJ-JP:52602] (3 of 3)

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[CRLMB-16223/2024]

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mark his presence on first week of every month in the concerned police station.

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Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.

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If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court.

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(ANIL KUMAR UPMAN),J

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LALIT MOHAN /510

Hemraj S/O Sanjay Singh v. State of Rajasthan

Case brief

What is this about?

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Hemraj S/O Sanjay Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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