Allowed

Mahipal @ M P Khori S/O Shri Panchuram @ Pappuram v. State of Rajasthan

Rajasthan HC26 Jul 2024CRLMB/5448/2024

Case brief

AI extract

What is this about?

The High Court allowed bail applications filed by two accused-petitioners alleging false implication in a case involving abduction and assault. The court noted the petitioners' names were absent from the FIR and no recovery of weapons was made from their possession, granting bail with a personal bond and sureties.

What did the court decide?

The accused-petitioners were enlarged on bail to furnish a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Mahipal @ M P Khori S/O Shri Panchuram @ Pappuram Vs… — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:31624]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 5588/2024

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Babulal Gurjar S/o Shri Ramkishan Gurjar, Aged About 23 Years, R/o Naharsinghpura, Police Station Kotari, District Shahpura (Raj.) (Presently Confined At Central Jail, Jaipur).

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----Petitioner

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Versus

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State of Rajasthan, Through Its PP

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 5448/2024 Mahipal @ M P Khori S/o Shri Panchuram @ Pappuram, Aged About 27 Years, R/o Village Kohri, Thana Bas Dayal, District Kotputli, Bahror. (Presently Lodged At 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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For Petitioner(s) : Mr. Anshuman Saxena Mr. Shakti Singh For Respondent(s) : Mr. Riyasat Ali-PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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26/07/2024

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These instant bail applications have been filed under Section 439 Cr.P.C. on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.1331/2023 registered at Police Station Muhana, District Jaipur City (South) for the offence(s) under Section 365 of IPC and under Section 3/25 of Arms Act, 1959.

[2024:RJ-JP:31624]

[CRLMB-5588/2024]

(2 of 3)

Learned counsels for the petitioners submit that the accusedpetitioners have falsely been implicated in these cases. It is contended that names of the petitioners are not mentioned in the FIR and charge-sheet has already been produced before the learned trial Court. It is alleged against the petitioners that they along with the main accused Pradeep Gurjar, abducted Subhash and Sanjay in a Scorpio vehicle and thereafter assaulted them and kept in wrongful confinement in the farm house. It is also contended that no identification parada was conducted and there is no substantial evidence available on record against the accusedpetitioners, alleging their involvement in the alleged crime. The petitioners are in custody since long and investigation/trial of the case will take considerable time, therefore, the benefit of bail may be granted to the accused-petitioners.

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3. Per contra , learned Public Prosecutor vehemently opposes the bail application. It is contended that petitioners are operating gang with the main co-accused Pradeep Gurjar and in conspiracy with co-accused Pradeep Gurjar, they abducted the victims and thereafter assaulted them, therefore, considering the gravity of the offence, the bail applications of the accused-petitioners deserves dismissal.

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Heard and perused the material available on record.

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Considering the arguments advanced by counsels for the parties and looking to the fact that in the FIR, names of the petitioners are not mentioned, the petitioners have been involved in the alleged crime on the instance of other co-accused Pradeep Gurjar, the facts of the charge-sheet reveals that no identification parade was conducted. It is also apparent from perusal of the

[2024:RJ-JP:31624]

[CRLMB-5588/2024]

(3 of 3)

charge-sheet that no recovery of any weapon was effected from the possession of the accused-petitioners, thus, considering the above facts, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail.

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

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Babulal Gurjar S/o Shri Ramkishan Gurjar & Mahipal @ M P Khori S/o Shri Panchuram @ Pappuram in connection with FIR No.1331/2023 registered at Police Station Muhana, District Jaipur City (South) shall be enlarged on bail provided each of them 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 their appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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28-29-Rahul Joshi

Mahipal @ M P Khori S/O Shri Panchuram @ Pappuram v. State of Rajasthan

Case brief

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Mahipal @ M P Khori S/O Shri Panchuram @ Pappuram v. State of Rajasthan

Case brief

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