Allowed

Bhagchand @ Ballu S/O Chatru @ Chatra v. State of Rajasthan

Rajasthan HC5 Jan 2024CRLMB/7547/2023

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a bail application filed by an accused charged with murder, attempt to cause miscarriage and abetment. The court noted the FIR was registered over two months after the alleged incident and granted bail with a bond requirement.

What did the court decide?

Bail granted; accused to be released on footing of a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Bhagchand @ Ballu S/O Chatru @ Chatra Vs… — Murder and Culpable Homicide | Rajasthan HC (2024)

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[2024:RJ-JP:689]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 7547/2023

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Bhagchand @ Ballu S/o Chatru @ Chatra, Aged About 31 Years, R/o Rampuriya, Police Station Chhipa Barod, District Baran, Presently R/o Suraj Stone, Proprietor Rameshwar Dhakad Kumhar Gali No. 9, Industries Area Amarpura Chouraha, Ramganjmandi, Police Station Ramganjmandi, District Kota (Raj.). (Presently Confined At Sub Jail Ramganj Mandi, District Kota)

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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. Dinesh Kumar Garg For Respondent(s) : Mr. Babu Lal Nasuna, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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05/01/2024

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The instant bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.63/2023 registered at Police Station Ramganjmandi, District Kota for the offences under Sections 302, 201 and 120-B of IPC.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that the alleged incident took place in the intervening night of 23^rd and 24^th of October, 2022 but no FIR was lodged in this regard. On 03.01.2023, the complainant filed a complaint in the Court of ACJM, Ramganjmandi, District Kota for offences under Sections 302, 201, and 120-B IPC which was forwarded to the

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SHO PS Ramganjmandi, under Section 156(3) CrPC and

[2024:RJ-JP:689]

[CRLMB-7547/2023]

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thereafter, on 10.02.2023, the present FIR came to be registered against the accused-petitioner. He further submits that no postmortem was conducted. Petitioner is in custody since 01.03.2023. Charge-sheet has been filed and trial will take considerable time. He also contends that further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the bail application and submits that the complainant has alleged in his complaint that the petitioner has murdered his son as the petitioner was with the deceased on the fateful night.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that matter was reported by the complainant to the police after more than two months of the alleged incident; charge-sheet has been filed as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner- Bhagchand @ Ballu S/o Chatru @ Chatra shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all

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[2024:RJ-JP:689]

[CRLMB-7547/2023]

subsequent dates of hearing and as and when called upon to do

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so.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /36

Bhagchand @ Ballu S/O Chatru @ Chatra v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhagchand @ Ballu S/O Chatru @ Chatra v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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