Allowed

Prakash S/O Mahtab Singh v. State of Rajasthan

Rajasthan HC4 Jun 2024CRLMB/3498/2024

Case brief

AI extract

What is this about?

In this bail application, the High Court of Rajasthan allowed the release of petitioner Prakash S/o Mahtab Singh on bail. The court noted the petitioner's advanced age, the fact that the trial would take a long time, and decided to grant bail without expressing an opinion on the merits of the case.

What did the court decide?

Released on bail on a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each, to appear before the trial court.

Prakash S/O Mahtab Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:26422]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 3498/2024

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Prakash S/o Mahtab Singh, Aged About 62 Years, R/o Abdulpur, P.S. Kanchanpur, Presently Residing At Bheem Nagar, P.S. Saipau, District Dholpur (Raj.) (Accused Is Presently Confined In Dist. Jail, Dholpur).

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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. Dushyant Jain For Respondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR ( V. J.) Order

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04/06/2024

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This bail application has been filed by the accused-petitioner against the order dated 16.03.2024 passed by learned Upper Sessions Judge, Badi, District Dholpur under Section 439 of the Cr.P.C. in connection with FIR No.321/2014, registered at Police Station Kanchanpur, District Dholpur for the offences under Sections 143, 332, 353, 225 and 307 of IPC by which the bail application of the accused-petitioner under Section 439 of Cr.P.C. has been dismissed.

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Learned counsel for the accused-petitioner submitted that the accused-petitioner has falsely been implicated in this case. Learned counsel further submitted that the charge-sheet has been filed against the petitioner for the offences punishable under Sections 143, 332, 353, 225 and 307 of IPC along with four other

[CRLMB-3498/2024]

[2024:RJ-JP:26422]

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accused persons namely Pappu, Vipin, Ramkishan and Dhirendra and they have already been acquitted vide judgment dated 08.12.2020 passed by learned Additional District Judge, Badi. Learned counsel argued that as per the facts of the case, no firearm injury was caused to any of the injured persons.

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Learned counsel also contended that the accused-petitioner is aged about 62 years. Learned counsel further contended that the accused-petitioner was arrested on 11.03.2024 and since then, he is behind the bars and, therefore, the accused-petitioner may be granted benefit of bail.

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Learned Public Prosecutor vehemently opposed this bail application.

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Heard learned counsel for the accused-petitioner and learned Public Prosecutor and also perused the material available on record.

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As per brief facts of the FIR, the allegations were made against the accused persons namely Pappu, Vipin, Ramkishan, Dhirendra along with the present accused-petitioner. It was also alleged in the FIR that the accused persons namely Prakash and Ramkishan opened fire on the complainants Prabhu Dayal and Mukesh however, admittedly, no gun shot injury has been received from any of the injured persons. Except the present accusedpetitioner, all the other accused persons namely Pappu, Vipin, Ramkishan and Dhirendra have already been acquitted vide impugned judgment dated 08.12.2020.

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Having regard to the facts and circumstances of the case and considering the fact that the accused-petitioner is aged about 62

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years and the fact that the trial will take a long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the petitioner.

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Consequently, this bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that accused-petitioner Prakash S/o Mahtab Singh, arrested in FIR No.321/2014, registered at Police Station Kanchanpur, District Dholpur shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court. Petitioner 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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AARZOO ARORA /25

Prakash S/O Mahtab Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prakash S/O Mahtab Singh v. State of Rajasthan

Case brief

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What did the court decide?

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