Allowed

Surendra Singh v. State of Rajasthan

Rajasthan HC23 Apr 2024CRLMB/1783/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail application filed by Surendra Singh under Section 439 Cr.P.C. Despite his criminal antecedents, bail was granted considering that the charge-sheet was filed, recovery was made, trial would be lengthy, and a co-accused had been granted bail.

What did the court decide?

The applicant shall be released on bail on furnishing a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.

Surendra Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:17689]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1783/2024

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Surendra Singh S/o Shri Manohar Singh, Aged About 22 Years, R/o Padiyal, Police Thana Bhojasar, Dist. Phalodi (Rajasthan). (Presently Lodged At Dist. Jail Nagaur)

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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. J.V.S.Deora
For Respondent(s)	: Mr. S.K.Bhati, PP
	Mr. Naresh Visnnoi for the
	complainant

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JUSTICE DINESH MEHTA

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Order

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23/04/2024

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This application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) in connection with FIR No.160/2023, registered at Police Station Panchoudi, District Nagaur for the offences under Sections 395, 365, 342 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’). A charge-sheet has also been filed against the applicant under Sections 395, 365, 342, 323 and 412 of the IPC.

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Mr. Deora, learned counsel for the applicant submitted that co-accused - Kesar Singh @ Kishore Singh has been enlarged on bail by this Court vide order dated 23.01.2024 in S.B. Criminal Miscellaneous Bail Application No. 16395/2023 and applicant’s case is not different from that of co-accused.

(2 of 3)

[2024:RJ-JD:17689]

[CRLMB-1783/2024]

Learned counsel further submitted that charge-sheet has been filed and Cumin (jeera) which was allegedly robbed has been recovered from the applicant and neither any investigation is pending nor any recovery remains to be made and thus, the applicant be enlarged on bail.

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Learned Public Prosecutor and learned counsel for the complainant opposed the bail application by highlighting that there are 12 cases under different offences pending against the applicant and prayed that looking to the criminal antecedents, no indulgence be granted to him.

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Heard learned counsel for the parties and perused the material available on record.

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So far as the similarity with the case of the co-accused – Keshar Singh@ Kishore Singh is concerned, there is not any dispute.

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Adverting to the contention of pendency of the criminal cases, this Court is of the view that in normal circumstances, indulgence should not be granted to a person of such criminal background, but given that charge-sheet has been filed and recovery has been made and trial is likely to take substantial time and similarly situated co-accused – Kesar Singh @ Kishore Singh has been enlarged on bail by this Court vide order dated 23.01.2024, this Court is of the view that it would be expedient to enlarge the applicant on bail, who is behind the bars since 08.12.2023.

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Consequently, the bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant - Surendra Singh S/o Shri

(3 of 3)

[2024:RJ-JD:17689]

[CRLMB-1783/2024]

Manohar Singh arrested in connection with FIR No.160/2023, registered at Police Station Panchoudi, District Nagaur shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

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Applicant 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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Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.

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(DINESH MEHTA),J

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438-akansha/-

Surendra Singh v. State of Rajasthan

Case brief

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Surendra Singh v. State of Rajasthan

Case brief

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