Allowed

Surendra Singh v. State of Rajasthan

Rajasthan HC29 Jan 2024CRLMB/628/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 CrPC for offences including house-breaking, theft, arson and mischief in FIR No.31/2023. Court found Section 436 IPC prima facie not made out; with charge-sheet filed and nothing pending, it allowed the application and enlarged the petitioner on bail.

What did the court decide?

Bail granted: release upon personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, with obligation to appear before trial Court on all dates of hearing.

Surendra Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

¶1

[2024:RJ-JD:4359]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 628/2024

¶4

Surendra Singh S/o Ranveer Singh, Aged About 20 Years, R/o Khanwar, P.S. Roll, Dist. Nagaur.

¶5

(At Present Lodged In Dist. Jail Nagaur).

¶6

----Petitioner

¶7

Versus

¶8

State Of Rajasthan, Through PP

¶9

Ajay Singh S/o Late Shri Hansraj Singh, R/o Khanwar, P.S. Roll, Dist. Nagaur.

¶10

----Respondents

¶11

For Petitioner(s) : Mr. Rajiv Bishnoi For Respondent(s) : Mr. Gaurav Singh, PP Mr. Rakesh Matoria for the complainant

¶12

JUSTICE DINESH MEHTA

¶13

Order

¶14

29/01/2024

¶15

This application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) in connection with FIR No.31/2023, registered at Police Station Roll, District Nagaur for the offences under Sections 457, 380, 436 and 427 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’).

¶16

Learned counsel argued that even if the contents of the FIR and the Site Inspection Report are perused, the offence punishable under Section 436 of the IPC is not made out as there is no allegation of setting the entire building or dwelling house on fire.

[2024:RJ-JD:4359]

[CRLMB-628/2024]

(2 of 3)

Learned counsel further argued that except for the offence punishable under Section 436 of the IPC, all the other offences are triable by Magistrate and charge-sheet has been filed long back and therefore, the applicant, who is behind the bars since 08.03.2023 be enlarged on bail.

¶21

Mr. Gaurav Singh, learned Public Prosecutor vehemently opposed the bail application, so did Mr. Matoria, learned counsel for the complainant.

¶22

Mr. Matoria, learned counsel for the complainant further added that the accused and his aids are consistently threatening the complainant and for this purpose he produced the copy of the complaint filed by his clients.

¶23

Having heard learned counsel for the parties and upon perusal of the Site Inspection Report, this Court is of the primafacie view that commission of offence under Section 436 of the IPC per se is not made out. 7. So far as the allegation of threatening is concerned, it is not in dispute that the applicant has been bound down by the competent Court under Section 107 of the Cr.P.C. and therefore, no further consideration is required in this regard.

¶24

Be that as it may. Even if the accusation constitutes an offence under Section 436 of the IPC, as charge-sheet has been filed and neither any investigation nor any recovery remains pending against the applicant, this Court feels that the applicant, who is behind the bars since 08.03.2023 is entitled to be enlarged on bail.

[CRLMB-628/2024]

[2024:RJ-JD:4359]

(3 of 3)

Consequently, the bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant - Surendra Singh S/o Ranveer Singh arrested in connection with FIR No.31/2023, registered at Police Station Roll, District Nagaur shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

¶29

Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

¶30

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.

¶31

(DINESH MEHTA),J

¶32

54-akansha/-

Surendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Surendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Harvinder Singh Vs State of Rajasthan

Jitendra Giri @ Jitu Vs State of Rajasthan

Naveen Kumar Vs State of Rajasthan

Raj Kumar Saini Vs State and Anr.

Vishnu Kumar Vs State of Rajasthan

Himmat @ Hemant Vs State of Rajasthan