Allowed

Smt. Omwati W/O Bachchu Singh v. State of Rajasthan

Rajasthan HC16 Aug 2024CRLMB/5463/2024

Case brief

AI extract

What is this about?

This High Court allowed bail applications filed under Section 439 Cr.P.C. by three accused petitioners. Their counsel argued false implication as they were not the principal offenders compared to another co-accused. Considering the specific injuries were attributed to others and remaining charges were omnibus, the court granted bail.

What did the court decide?

Enlargement of three accused petitioners on bail upon furnishing a personal bond of Rs.50,000 and sureties of Rs.25,000 each.

Smt. Omwati W/O Bachchu Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:34866]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 5463/2024

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Smt. Omwati W/o Bachchu Singh, R/o Phoolwara, P.s. Chiksana, At Present R/o Opp. Gpf Office, P.s. Mathuragate, Bharatpur. (At Present Confined In Central Jail Bharatpur)

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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. 7276/2024

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Kripan Singh S/o Shivganesh, R/o Phulwara, P.s. Chiksana, District Bharatpur (Rajasthan) (At Present Accused Lodged In Central Jail, Bharatpur).

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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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S.B. Criminal Miscellaneous Bail Application No. 9199/2024

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Bacchusingh S/o Shri Pyarelal, R/o Phulwara, Police Station Chiksana, Presently Resident Of In Front Of Gpf Office, Police Station Mathuragate, Bharatpur (Raj.). (The Accused Petitioner Presently Confined In District Jail, Bharatpur).

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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. Mr.	Rajneesh Gupta, J.K. Moolchandani,
	Mr.	T.C. Sharma for
	Mr.	Swadeep Singh Hora
For Respondent(s)	: Mr. Mr.	N.S. Gurjar, PP, Rahul Sinsinwar

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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16/08/2024

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The 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.27/2024 registered at Police Station Chiksana, District Bharatpur for the offence(s) under Sections 147, 148, 149, 323, 341, 302 & 506 of IPC.

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Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. It is a case of over implication. In the FIR, it is alleged that Mukesh opened fire on deceased Sonu, resulting into his death whereas, the charge-sheet has been produced against the Suresh causing fire arm injury to the deceased. It is also argued that deceased Sonu received solitary injury at his lungs, resulting in his death. Thus, it is apparent that petitioners have been falsely implicated in the case. It is also argued that police after investigation has categorically specified co-accused Suresh as main accused. It is also argued that apart from deceased Sonu, the injuries sustained to other injured Sanju at his forearm was found to be grievous in nature and it cannot be said that the accused-petitioners caused injuries to the other injured Sanju. The other co-accused Pushpendra Singh has already been enlarged on bail by this court vide order dated 23.05.2024 and the case of present petitioners are not different from the other co-accused Pushpendra Singh who has been enlarged on bail. The petitioners are in custody since

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long and trial/investigation of the case may take considerable time, therefore, the bail applications may be allowed.

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Learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the bail applications. Learned counsel for the complainant contended that petitioners along with other co-accused Pushpendra Singh, after forming unlawful assembly caused fatal injury to deceased and resulting injuries to other injured Sanju. It is also contended that the petitioner Omvati escorted the other co-accused in her car and thereafter, the incident occurred, therefore, considering the gravity of the offence, the bail applications of accused-petitioners may be dismissed.

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

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Considering the fact that the specific allegation of causing injuries to the deceased Sonu is attributed to other co-accused Suresh and the allegation against the petitioners are omnibus in nature, thus, without expressing 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, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners namely: 1. Smt. Omwati W/o Bachchu Singh 2. Kripan Singh S/o Shivganesh & 3. Bacchusingh S/o Shri Pyarelal in connection with FIR No.27/2024 registered at Police Station Chiksana, District Bharatpur shall be enlarged on bail provided they furnish a personal bond in the sum of Rs.50,000/- with two sureties of

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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 and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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Keshav/20-22

Smt. Omwati W/O Bachchu Singh v. State of Rajasthan

Case brief

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Smt. Omwati W/O Bachchu Singh v. State of Rajasthan

Case brief

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