Dismissed

Surya Prakash @ Suraj v. State of Rajasthan

Rajasthan HC8 Aug 2024CRLMB/6959/2024

Case brief

AI extract

What is this about?

This single-judge bench rejected a bail application under Section 439 CrPC regarding an attempt to murder charge (IPC 307). The court found the injury dangerous to life and found the petitioner not entitled to bail before the injured's statement in the trial court.

What did the court decide?

Petition for bail dismissed; accused not entitled to regular bail prior to injured's statement.

Surya Prakash @ Suraj Vs State of Rajasthan — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JD:33178]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 6959/2024

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Surya Prakash @ Suraj S/o Sh Om Prakash Singh, Aged About 22 Years, R/o Gali No 17, Near Halwal Shop, Chhatarpur Pahadi, 60 Feet Road, Police Station Mahroli, West Delhi. ( At Present Lodged In Central Jail Jodhpur)

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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 Inda
For Respondent(s)	: Mr. AR Choudhary, PP with Ms. Kamla Goswami

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

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08/08/2024

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The prayer made in this bail petition filed under Section 439 of the Code of Criminal Procedure (for short "the Code") is for grant of bail in connection with crime registered pursuant to First Information Report Number 37/2024 of Police Station GRP District Jodhpur in respect of offence punishable under Section 307 of I.P.C.

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Learned counsel representing petitioner has fervently argued that the petitioner is innocent person and a false case has been foisted against him; that entire allegations so leveled by the police against the petitioner is totally false and baseless; that nothing has been recovered from possession of the petitioner; that there is no concrete evidence to show direct nexus between the petitioner and alleged crime, rather case of the prosecution is

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[2024:RJ-JD:33178]

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based on surmises and conjectures instead of sound legal evidence. With the aforesaid submissions, it was prayed that the present petition be allowed and petitioner may be enlarged on bail.

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Learned Public Prosecutor has opposed the release of the petitioner on bail at this stage on the ground that that there is overwhelming evidence adduced on record which would primafacie point towards the guilt of the applicant; that keeping in view the gravity of offence alleged to have been committed by him, he does not deserve any leniency, rather he needs to be dealt with severely. He thus, craves rejection of the petitioner's bail application.

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This Court has carefully perused the record as well as considered the submissions made by learned counsels for the parties.

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Having given anxious consideration to the rival submissions and having examined the record with reference to the law applicable, I am clearly of the view that in the present matter injured Mirulal Marandi has received the head injury which was caused by the petitioner by a stone and he had to remained hospitalized from 17.04.2024 to 23.04.2024. The Medical Jurist has opined the injury dangerous to life of the injured. The injured had received the life threatening injury during the incident

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In view of the enormous prima facie material placed on record in respect of the applicant, the allegations leveled against

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the petitioner, I am of the considered view that looking to the nature and gravity of the accusation in the instant case, the role attributed to the petitioner, the petitioner is not found entitled to be released on bail prior to the statement of injured in the trial court.

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In view of the above, I do not find this to be a fit case for grant of regular bail to the petitioner. Hence, the present petition is dismissed. Any observation made herein above shall have no bearing on the merits of the case.

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(RAJENDRA PRAKASH SONI),J

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16-Anshul/-

Surya Prakash @ Suraj v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Surya Prakash @ Suraj v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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