Allowed

Ramkaran v. State of Rajasthan

Rajasthan HC8 May 2024CRLMB/2640/2024

Case brief

AI extract

What is this about?

This judgment grants bail to two accused persons, Ramkaran and Damaram, who are charged under Sections 302, 364, 147, 148, 149 and 120-B of IPC. The court allowed their bail applications under Section 439 Cr.P.C., observing their cases are identical to co-accused who were already released on bail.

What did the court decide?

Petitioners released on bail subject to personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

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

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[2024:RJ-JD:20532]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. 2nd Bail Application No. 2640/2024

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Ramkaran S/o Shri Mamraj, Aged About 49 Years, R/o Himmatsar, P.S. Nokha District Bikaner

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(Lodged In Sub Jail Nokha Bikaner)

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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 Misc. 5th Bail Application No. 3127/2024

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Damaram S/o Shri Bhaira Ram, Aged About 51 Years, R/o Nathusar, Ps Panchu, Teh Nokha Dist Bikaner (Lodged In Jail Nokha Bikaner)

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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. Jhavar Prakash Chhangani
	Mr. Vimal Prakash Chhangani Ms. Neeta Chhangani
For Respondent(s)	: Mr. Laxman Solanki, PP Mr. I.R. Choudhary
	Ms. Aasu Devi

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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08/05/2024

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S.B. Criminal Misc. 2nd Bail Application No. 2640/2024:

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The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.92/2019, Police Station Panchu, District

[2024:RJ-JD:20532]

[CRLMB-2640/2024]

(2 of 4)

Bikaner for the offence punishable under Sections 302, 364, 147, 148, 149 & 120-B of I.P.C.

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Heard learned counsel for the parties.

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Learned counsel for the petitioner submits that after rejection of the first bail application of the petitioner on 12.01.2021, 16 prosecution witnesses have been examined before the trial court. Learned counsel for the petitioner further submits that similarly situated co-accused persons, namely, Kojaram and Sahiram have been enlarged on bail by a Co-ordinate Bench of this Court as well as by this Court vide orders dated 21.11.2023 and 21.02.2024 respectively. Learned counsel further submits that the case of the present petitioner is not distinguishable from the case of the co-accused persons Kojaram and Sahiram who have already been released on bail. He, therefore, prays that the petitioner may also be enlarged on bail.

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The learned Public Prosecutor supported by the learned counsel for the complainant opposes the bail application but are unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail.

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Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to coaccused persons aforesaid who have been enlarged on bail, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

(3 of 4)

[2024:RJ-JD:20532]

[CRLMB-2640/2024]

Consequently, the present second bail application is allowed. It is ordered that the accused-petitioner Ramkaran S/o Shri Mamraj arrested in connection with FIR No.92/2019, Police Station Panchu, District Bikaner, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the 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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S.B. Criminal Misc. 5th Bail Application No. 3127/2024:

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The present fifth bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.92/2019, Police Station Panchu, District Bikaner for the offence punishable under Sections 302, 364, 147, 148, 149 & 120-B of I.P.C.

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Heard learned counsel for the parties.

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Learned counsel for the petitioner submits that after rejection of the fourth bail application of the petitioner on 06.02.2023, 9 prosecution witnesses have been examined before the trial court including PW-9 Raju Ram. Learned counsel for the petitioner further submits that as per the statement of PW-9, the case of the present petitioner is similarly situated with the case of co-accused persons namely Kojaram and Sahiram who have been enlarged on bail by a Co-ordinate Bench of this Court as well as by this Court vide orders dated 21.11.2023 and 21.02.2024 respectively. Learned counsel further submits that the case of the present petitioner is not distinguishable from the case of the co-

(4 of 4)

[2024:RJ-JD:20532]

[CRLMB-2640/2024]

accused persons Kojaram and Sahiram who have already been released on bail. He, therefore, prays that the petitioner may also be enlarged on bail.

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The learned Public Prosecutor supported by the learned counsel for the complainant opposes the bail application but are unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail.

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Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to coaccused persons aforesaid who have been enlarged on bail, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

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Consequently, the present fifth bail application is allowed. It is ordered that the accused-petitioner Damaram S/o Shri Bhaira Ram arrested in connection with FIR No.92/2019, Police Station Panchu, District Bikaner, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the 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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(VINIT KUMAR MATHUR),J

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348-Arun P/-

Ramkaran v. State of Rajasthan

Case brief

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What did the court decide?

Ramkaran v. State of Rajasthan

Case brief

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What did the court decide?

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