Allowed

Pushpendra Singh @ Bhoora S/O Shiv Ganesh v. the State of Rajasthan

Rajasthan HC23 May 2024CRLMB/2505/2024

Case brief

AI extract

What is this about?

High Court allowed bail to accused-petitioner under Section 439 Cr.P.C. regarding charges of murder and affray, observing that specific allegations of injury and causing death were directed against co-accused, and he was not named in the FIR. He must furnish a bond with sureties.

What did the court decide?

Accused enlarged on bail on furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Judge.

Pushpendra Singh @ Bhoora S/O Shiv Ganesh Vs… — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JP:24671]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No.2505/2024

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Pushpendra Singh @ Bhoora S/o Shiv Ganesh, Aged About 35 Years, R/o Phulwara, Police Station Chiksana, District Bharatpur (Raj.)

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(At Present Accused Petitioner Confined In Central Jail, Bharatpur).

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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. Swadeep Singh Hora, Adv. Mr. Anurodh Chaturvedi, Adv. Mr. Tara Chand Sharma, Adv.
For Respondent(s)	: Mr. Chandragupt Chopra, PP Mr. Rahul Sinsinwar, Adv.

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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23/05/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.27/2024, registered at Police Station Chiksana, District Bharatpur for the offence(s) under Sections 147, 148, 149, 323, 341, 302 and 506 of IPC.

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Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in this case. The main allegation of causing murder of the deceased Sonu is specifically against the other co-accused Suresh. It is also alleged in the charge-sheet that the other co-accused assaulted the complainant Surajmal and his wife Sanju. There is no specific allegation against

[2024:RJ-JP:24671]

[CRLMB-2505/2024]

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the petitioner that he caused any injury to the injured Surajmal, Sanju and Sonu. The accused-petitioner was not part of alleged unlawful assembly. It is also alleged in the charge-sheet that the petitioner escorted the other co-accused in his car. It is also argued that the independent eye-witnesses Dulichand, Umarpal, Raju and Kopsingh, in their statements rendered under Section 161 of Cr.P.C. have also not alleged the petitioner and the allegation of causing murder of the deceased Sonu is specifically attributed to the other co-accused Suresh. The accused-petitioner is in custody since long and charge-sheet has already been produced, trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

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Learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the grant of bail application. 4. Learned counsel appearing on behalf of the complainant submits that the petitioner's role in the alleged crime has been specifically mentioned in the charge-sheet, the petitioner escorted the other co-accused in his car knowingly that all the co-accused were having deadly weapons, thereafter, the other co-accused caused injuries to complainant Surajmal, Sanju and killed deceased Sonu, therefore, considering the specific role of the petitioner, the bail application may be dismissed.

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Heard and perused the charge-sheet and the material available on the record.

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Considering the fact that the specific allegation of causing injuries to Surajmal, Sanju and Sonu are against the other coaccused and not against the present petitioner. It is specifically stated in the statement of the witnesses that co-accused Suresh

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[2024:RJ-JP:24671]

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[CRLMB-2505/2024]

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opened fire at Sonu, resulting in his death. The petitioner is not named in the FIR, thus, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Pushpendra Singh @ Bhoora S/o Shiv Ganesh, in connection with FIR No.27/2024, registered at Police Station Chiksana, District Bharatpur, shall be enlarged on bail provided he furnishes 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 his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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Ashwani Kr Srivastava /-62

Pushpendra Singh @ Bhoora S/O Shiv Ganesh v. the State of Rajasthan

Case brief

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Pushpendra Singh @ Bhoora S/O Shiv Ganesh v. the State of Rajasthan

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