Partly allowed

Ayush S/O Subhash Chandra v. State of Rajasthan

Rajasthan HC6 Sept 2024CRLMB/6050/2024

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Ganesh Ram Meena disposed of three bail applications filed under Section 483 of BNSS and Section 439 CrPC regarding injuries attributed to three petitioners. The application for Ashish was dismissed due to life-threatening injury attributed to him, while applications for Ayush and Subhash Chandra were allowed granting conditional bail.

What did the court decide?

Bail allowed for Ayush and Subhash Chandra on personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each. Bail application for Ashish dismissed.

Ayush S/O Subhash Chandra Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JP:37921]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10177/2024

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Ashish S/o Subhash Chandra, Aged About 18 Years, R/o Ward No.1, Johad Ki Dhani, Tan Dhaka Ki Dhani, Police Station Nawalgarh, District Jhunjhunu (Rajasthan). (At Present Confined In District Jail Jhunjhunu, District Jhunjhunu).

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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. 6050/2024 Ayush S/o Subhash Chandra, Aged About 19 Years, R/o Ward No.1, Johad Ki Dhani, Tan Dhaka Ki Dhani, Police Station Nawalgarh, District Jhunjhunu (Raj.) (At Present In District Jail, Jhunjhunu).

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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. 7535/2024 Subhash Chandra Son Of Prahlad Rai, Aged About 40 Years, Resident Of Ward No. 1, Johad Ki Dhani, Tan Dhaka Ki Dhani, Police Station Nawalgarh, District Jhunjhunu (Raj). (At Present In District Jail, Jhunjhunu).

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----Petitioner

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Versus

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State Of Rajasthan, through P.P.

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----Respondent

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For Petitioner(s)	: Mr. Mangal Singh Saini
For Respondent(s)	: Ms. Arti Sharma, Public Prosecutor Mr. Dharmendra Kumar Barala for complainant

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HON'BLE MR. JUSTICE GANESH RAM MEENA

[2024:RJ-JP:37921]

[CRLMB-10177/2024]

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Order

06/09/2024

These bail applications have been filed under Section 483 of the B.N.S.S. and 439 Cr.P.C. respectively on behalf of accusedpetitioners in connection with FIR No.145/2024 registered at Police Station Nawalgarh, District Jhunjhunu for offences under Sections 452, 323, 307, 504 & 34 IPC.

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Learned counsel for the petitioners submits that the accusedpetitioners have been implicated in a case based on a false and fabricated story. Though, there were some dispute about money transactions. Learned counsel further submits that both the injured persons have sustained one injury each and the injury sustained by the injured-Sunil has been opined to be dangerous to life, which is attributed to accused-petitioner-Ashish. Learned counsel further submits that there is no allegations against other accused-petitioners, namely, Subhash and Ayush of causing any grievous hurts. Learned counsel also submits that the petitioners are in custody since 01.05.2024 and the Police after completion of investigation has submitted charge-sheet in the matter, therefore, the petitioner may be released on bail.

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Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposed the bail applications and submits that the accused-petitioner-Ashish inflicted injury which is opined to be dangerous to life. The other accused-petitioners, namely, Subhash and Ayush caught hold the injured-Sunil. Therefore, the accused-petitioners do not deserve indulgence of bail by this Court.

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[2024:RJ-JP:37921]

[CRLMB-10177/2024]

Considered the submissions made at bar by learned counsel for the petitioner as well as learned Public Prosecutor assisted by learned counsel appearing for the complainant and also perused the challan papers.

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As per the injury reports, the injured-Sunil Singh and Sandeep Singh have sustained one injury each. The injury sustained by the injured-Sunil has been opined to be dangerous to life which is attributed to the accused-petitioner-Ashish.

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Accordingly, the bail application to that extent of accusedpetitioner-Ashish filed under Section 483 of the B.N.S.S. is dismissed.

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On consideration of allegations levelled against the accusedpetitioners, namely, Ayush and Subhash Chandra so also the nature of injury and further the grievous injury which is attributed to petitioner-Ashish, this Court without expressing any opinion on the merits/demerits of the case, deems just and proper to enlarge the accused-petitioners, namely, Ayush and Subhash Chandra on bail.

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Accordingly, the bail applications to that extent of the accused-petitioners, namely, Ayush and Subhash Chandra under Section 439 Cr.P.C. are allowed and it is ordered that the accusedpetitioners named above in connection with FIR No.145/2024 registered at Police Station Nawalgarh, District Jhunjhunu shall be enlarged on bail provided they furnish 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 their appearance before

(4 of 4)

[2024:RJ-JP:37921]

[CRLMB-10177/2024]

the Court concerned on all the dates of hearing and as and when

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called upon to do so.

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(GANESH RAM MEENA),J

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Ashish Kumar /392-394

Ayush S/O Subhash Chandra v. State of Rajasthan

Case brief

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Ayush S/O Subhash Chandra v. State of Rajasthan

Case brief

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