Allowed

Anoop Singh S/O Shribhan v. State of Rajasthan

Rajasthan HC9 Oct 2024CRLMB/5711/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application where the investigating agency attributed a gunshot injury to the petitioner in one FIR and to another person in a cross-FIR. Finding the agency's position uncertain and appreciating the delay in custody, the court enlarged the petitioner on bail without expressing opinion on merits.

What did the court decide?

Bail granted subject to personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

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

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[2024:RJ-JP:42736]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 5711/2024

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Anoop Singh S/o Shribhan, R/o Village Mangrainkala, Police Station Gadhi Bajna, Tehsil Bayana, District Bharatpur (Rajasthan) (At Present In Sub Jail, Bayana, 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. Harendra Singh with Mr. Shivam For Respondent(s) : Mr. N.S. Dhakad, Public Prosecutor with Ms. Arti Sharma, Public Prosecutor

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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09/10/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner in connection with FIR No.92/2023 registered at Police Station Gari Bajna, District Bharatpur for the offences under Sections 147, 323, 341, 336, 307 & 506 IPC and Section 5/25 of the Arms Act.

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Learned counsel for the petitioner submits that the accusedpetitioner has been implicated in this case and is alleged to have inflicted a gunshot injury to his own father, namely, Shribhan, whereas, in conclusion of the cross case, the gunshot injury which was caused to Shribhan is attributed to Nalsingh. Therefore, in this manner there can be said to be two different conclusions by the Investigating Agency itself.

[2024:RJ-JP:42736]

[CRLMB-5711/2024]

(2 of 3)

Learned counsel further submits that the accused-petitioner is in custody since 12.10.2023. Learned counsel further submits that the allegations against the accused-petitioner are also that having caused injury to Brijmohan by farsa; It has thus, become suspicious as to which version is to be relied upon. Learned counsel also submits that the Police after completion of the investigation has already submitted the charge-sheet in the present matter so also in the cross case. Therefore, the accusedpetitioner may be released on bail.

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Learned Public Prosecutor vehemently opposed the bail application.

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Considered the submissions made at bar and also perused the challan papers made available of the present case as well as the cross case.

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The conclusion of investigation of the present case shows that the gunshot injury caused to the deceased is attributed to the present accused-petitioner whereas, in the conclusion of the cross case it has come out that the gunshot injury was caused to the deceased by other person, namely, Nalsingh. Hence, the Investigating Agency itself is not sure as to who has caused the gunshot injury to the deceased-Shribhan.

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Having considered the overall facts and circumstances of the case so also the divergent view of the Investigating Agency in the present case as well as in the cross case, this Court without expressing any opinion on the merits/demerits of the case, deems just and proper to enlarge the accused-petitioner on bail.

(3 of 3)

[2024:RJ-JP:42736]

[CRLMB-5711/2024]

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner named above in connection with the aforesaid FIR shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/with two sureties of Rs.50,000/- 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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(GANESH RAM MEENA),J

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Ashish Kumar /33

Anoop Singh S/O Shribhan v. State of Rajasthan

Case brief

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Anoop Singh S/O Shribhan v. State of Rajasthan

Case brief

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