Allowed

Khem Chand @ Khema S/O Bhuri Singh v. State of Rajasthan

Rajasthan HC1 Aug 2024CRLMB/6841/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an anticipatory bail application under Section 438 Cr.P.C. for four accused-petitioners, dismissing the petition for one as unpressed. The court ruled it just and proper to grant bail considering another co-accused was already on bail, imposing a personal bond and specific conditions.

What did the court decide?

Anticipatory bail allowed for petitioners No. 2 to 5; ordered to furnish a personal bond and return bond with two sureties totaling Rs. 75,000.

Khem Chand @ Khema S/O Bhuri Singh Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2024)

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[2024:RJ-JP:32801]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 6841/2024

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Khem Chand @ Khema S/o Bhuri Singh, Aged About 47 Years, R/o Kalla Ka Gola, Bhusawar, Police Station Bhusawar District Bharatpur Rajasthan.

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Lekh Raj Saini S/o Bhuri Singh, Aged About 43 Years, R/o Kalla Ka Gola, Bhusawar, Police Station Bhusawar District Bharatpur Rajasthan.

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Chandrabhan Saini S/o Gyan Chand, Aged About 26 Years, R/o Kalla Ka Gola, Bhusawar, Police Station Bhusawar District Bharatpur Rajasthan.

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Mohan Singh S/o Mangi Lal, Aged About 52 Years, R/o Kalla Ka Gola, Bhusawar, Police Station Bhusawar District Bharatpur Rajasthan.

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Rajendra Singh Saini S/o Mohan Singh, Aged About 32 Years, R/o Kalla Ka Gola, Bhusawar, Police Station Bhusawar District Bharatpur Rajasthan.

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----Petitioners

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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. R.B. Sharma Ganthola For Respondent(s) : Mr. Riyasat Ali, PP, Mr. Banwari Lal Saini

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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01/08/2024

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Apprehending their arrest in connection with FIR No. 236/2023 registered at Police Station Bhusawar, District Bharatpur for the offence(s) under Sections 143, 323, 341 & 365 of IPC, the accused-petitioners have preferred this anticipatory bail applications under Section 438 Cr.P.C.

(2 of 3)

[2024:RJ-JP:32801]

[CRLMB-6841/2024]

Learned counsel for the petitioner submits that he does not want to press the present criminal miscellaneous bail application qua petitioner No.1 Khem Chand @ Khema.

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Accordingly, the present criminal miscellaneous bail application qua petitioner No.1 Khem Chand @ Khema is dismissed as not pressed.

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Learned counsel for the accused-petitioners Nos.2 to 5 submit that accused-petitioners have falsely been implicated in the case. He further submits that the allegation of causing injury to injured Gyan Singh and abducting the injured are against the other co-accused Gyan Chand & Khem Chand. The co-accused Pappu Singh has already been enlarged on anticipatory bail by this Court vide order dated 14.05.2024 and the case of the petitioners is not distinguishable from the case of the co-accused who has been given benefit of anticipatory bail by this Court. The petitioners are ready and willing to cooperate with the investigation, therefore, the anticipatory bail of the accusedpetitioners may be allowed.

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Learned Public Prosecutor as well as learned counsel for the respondent(s) vehemently oppose the anticipatory bail application.

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Heard and perused the material available on record.

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Considering the fact that the other co-accused Pappu Singh has already been enlarged on bail, thus, without commenting anything on the merits of the case, I deem it just and proper to allow the anticipatory bail application of the accused-petitioners No.2 to 5.

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Accordingly, the anticipatory bail application under Section

[CRLMB-6841/2024]

[2024:RJ-JP:32801]

(3 of 3)

438 Cr.P.C. is allowed and it is ordered that in the event of arrest of the petitioners namely- Lekh Raj Saini S/o Bhuri Singh, Chandrabhan Saini S/o Gyan Chand, Mohan Singh S/o Mangi Lal & Rajendra Singh Saini S/o Mohan Singh, in connection with FIR No. 236/2023 registered at Police Station Bhusawar, District Bharatpur, they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

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(i) that the petitioners shall make themselves available for interrogation by a police officer as and when required;

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(ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer, and

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(iii) that the petitioners shall not leave India without previous permission of the court.

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(PRAVEER BHATNAGAR),J

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Keshav/19

Khem Chand @ Khema S/O Bhuri Singh v. State of Rajasthan

Case brief

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Khem Chand @ Khema S/O Bhuri Singh v. State of Rajasthan

Case brief

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