Allowed

Radhakishan Mena S/O Shri Kalyan Sahai v. State of Rajasthan

Rajasthan HC14 Mar 2024CRLMB/2424/2024

Case brief

AI extract

What is this about?

Hearing three connected bail applications, the Court held that since the alleged offences were triable only by a Magistrate and would take time to conclude, it was just and appropriate to grant bail to the petitioners who are co-accused.

What did the court decide?

Each petitioner released on bail upon furnishing a personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each to the trial Court.

Radhakishan Mena S/O Shri Kalyan Sahai Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2423/2024

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Gabru Banjara S/o Shri Mangilal, Aged About 32 Years, R/o Village Sainhal, Banjaron Ki Dhani, Police Station Saithal, District Dausa (Raj.) (At Present Accused Petitioner Confined In Central Jail, Jaipur).

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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. 2424/2024 Radhakishan Mena S/o Shri Kalyan Sahai, Aged About 35 Years, R/o Village Khartala, Police Station Sainthal, District Dausa. (At Present Accused Petitioner Confined In Central Jail Jaipur)

¶10

----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 3113/2024 Omprakash S/o Shri Shravanlal Kumawat, Aged About 45 Years, R/o Dahamikala, Bagru, Jaipur. (At Present In Confined In District Jail, Jaipur).

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----Petitioner

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Versus

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The State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Man Singh Meena Mr. Abhishek Jhingonia For Respondent(s) : Mr. Atul Sharma, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

14/03/2024

[CRLMB-2423/2024]

(2 of 3)

Since all these three applications are arising out of the same complaint, hence with the consent of counsel for the parties arguments have been heard together and these applications are being decided by this common order.

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All these three bail applications under Section 439 Cr.P.C. have been filed by the petitioners in connection with FIR No. 34/2024, registered at Police Station Saithal, District Dausa (Rajasthan) wherein they are charged for offences punishable under Sections 19, 54 & 54-A of Rajasthan Excise Act 1950.

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Learned counsel for the petitioners submits that the alleged offence is triable by Magistrate and indulgence of bail has already been granted to the co-accused Rajendra and Bhuvnesh by this Court vide order dated 05.03.2024. Counsel submits that the case of the petitioner is at par with them and same indulgence of bail be granted.

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Per contra, learned Public Prosecutor opposed the bail applications.

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Considering the arguments put forward by the learned counsel for the petitioners and looking to the fact that the alleged offences are triable by the Magistrate and trial will take its own time to conclude and without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioners under Section 439 Cr.P.C.

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Accordingly, all the three bail applications under Section 439 Cr.P.C. are allowed and it is ordered that accused-petitioners

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Gabru Banjara S/o Shri Mangilal, Radhakishan Meena S/o Shri Kalyan Sahai & Omprakash S/o Shri Shravanlal

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[CRLMB-2423/2024]

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(3 of 3)

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Kumawat have arrested in connection with aforementioned FIR, may be released on bail; provided each of them furnish a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ANOOP KUMAR DHAND),J

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Diksha/5-7

Radhakishan Mena S/O Shri Kalyan Sahai v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Radhakishan Mena S/O Shri Kalyan Sahai v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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