Partly allowed

Soneram S/O Shri Bhairosingh v. State of Rajasthan

Rajasthan HC26 Feb 2024CRLMB/2036/2024

Case brief

AI extract

What is this about?

HC allowed bail for petitioners 1, 2, and 4 under Section 439 Cr.P.C. citing lack of specific allegations of firing against them. Bail for petitioner 3 was dismissed as withdrawn with liberty to apply later.

What did the court decide?

Bail granted to petitioners 1, 2, 4 on personal bond of Rs.50,000 + two sureties of Rs.25,000 each. Application for petitioner 3 dismissed as withdrawn.

Soneram S/O Shri Bhairosingh Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2024)

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(1 of 4) [CRLMB-2036/2024]

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[2024:RJ-JP:9551]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2036/2024

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Soneram S/o Shri Bhairosingh, Aged About 43 Years, R/o Village Soriya Ka Pura, Majra Gaulari, Police Station Sone Ka Gurja, District Dholpur(Raj.). (At Present Confined In District Jail, Dholpur)

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Sirnam S/o Shri Bharatsingh, Aged About 32 Years, R/o Village Soriya Ka Pura, Majra Gaulari, Police Station Sone Ka Gurja, District Dholpur(Raj.). (At Present Confined In District Jail, Dholpur)

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Keshav S/o Shri Bharatsingh, Aged About 19 Years, R/o Village Soriya Ka Pura, Majra Gaulari, Police Station Sone Ka Gurja, District Dholpur(Raj.). (At Present Confined In District Jail, Dholpur)

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Bhurisingh S/o Shri Ramvaransingh, Aged About 23 Years, R/o Village Soriya Ka Pura, Majra Gaulari, Police Station Sone Ka Gurja, District Dholpur(Raj.). (At Present Confined In District Jail, Dholpur)

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s)	: Mr.	DushyantJain
For Respondent(s)	: Mr.	G. S. Rathore, GA-cum-AAG
	Mr.	DheerajSinghal

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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26/02/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioners (i) Soneram S/o Shri Bhairosingh, (ii) Sirnam S/o Shri Bharatsingh and (iii) Bhurisingh S/o Shri Ramvaransingh. The accused-petitioners have been

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[CRLMB-2036/2024]

(2 of 4)

arrested in connection with FIR No.63/2023 registered at Police Station Sone Ka Gurja, Dholpur for the offence(s) under Sections 143, 323, 341, 336, 427, 504, 506, 379 and 307 IPC later on converted under Sections 323, 341, 336, 504, 506, 307 and 34 IPC and Section 3/25 of Arms Act.

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Learned counsel for the accused-petitioners submits that the accused-petitioners No.1, 2 and 4 have been falsely implicated in the case. This is a clear case of over-implication and due to enmity, accused-petitioners have been involved in the alleged crime. In parcha bayan, injured Ram Dulare has specifically stated that other co-accused Rakesh fired at his leg. He submits that the specific allegation of firing at injured Ram Dulare is against coaccused Rakesh and the allegation against the petitioners are not specific. He further submits that the accused-petitioners are in custody since long and investigation/trial of the case will take considerable time. Therefore, the benefit of bail should be granted to the accused-petitioners No.1, 2 and 4.

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So far as accused-petitioner No.3 Keshav is concerned, learned counsel for the accused-petitioner does not want to press the present criminal miscellaneous bail application qua accusedpetitioner No.3 and seeks liberty to file fresh bail application after filing of the charge-sheet.

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Per contra, learned Additional Advocate General opposes the bail application.

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In the pracha bayan, the specific allegation of firing is against co-accused Rakesh. The eye-witnesses Rajvir, Omvir and Kalyan & complainants Muna Singh & Kabul Singh in their statements rendered under Section 161 of the Cr.P.C. have stated that

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[CRLMB-2036/2024]

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accused-petitioner Keshav fired at Ram Dulare. Therefore, the allegation of firing at Ram Dulare is categorically against the accused-petitioner Keshav. There is no specific allegation as against the accused-petitioners No.1, 2 and 4. In the factual report before the Court, police has found involvement of the accusedpetitioners under Sections 323, 341, 336, 504, 506 and 307 of IPC. The other persons named in the FIR, police did not find their involvement.

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Without expressing anything on the merits of the case and considering the fact that the specific allegation of firing at injured Ram Dulare is against the accused-petitioner Keshav and there is no specific allegation against other accused-petitioners No.1, 2 and 4, I deem it just and proper to enlarge the accused-petitioners No.1, 2 and 4 on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. qua petitioners No.1, 2 and 4 is allowed and it is ordered that the accused-petitioners (i) Soneram S/o Shri Bhairosingh, (ii) Sirnam S/o Shri Bharatsingh and (iii) Bhurisingh S/o Shri Ramvaransingh in connection with FIR No.63/2023 registered at Police Station Sone Ka Gurja, Dholpur shall be enlarged on bail provided each of them furnish 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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However, the present criminal miscellaneous bail application qua accused-petitioner No.3 Keshav S/o Shri Bharatsingh is

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dismissed as withdrawn, with liberty to file fresh bail application after filing of the charge-sheet.

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(PRAVEER BHATNAGAR),J

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140-Rahul Joshi

Soneram S/O Shri Bhairosingh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Soneram S/O Shri Bhairosingh v. State of Rajasthan

Case brief

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What did the court decide?

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