Allowed

Dhyan Singh v. State of Rajasthan

Rajasthan HC7 Aug 2024CRLMB/7909/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by two applicants arrested for criminal offenses. The Court noted they were not named in the FIR. Bail was granted with conditions including furnishing bonds, court appearance, and submitting Aadhar and bank details.

What did the court decide?

Applicants released on bail conditioned upon furnishing personal and two surety bonds, appearance in Trial Court, and submission of bank details and Aadhar cards.

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

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[2024:RJ-JD:32805]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail Application No. 7909/2024

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Dhyan Singh S/o Doalat Singh, aged about 27 years, resident of Debarinohara, Police Station Pratapnagar, District Udaipur (Raj.)

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Bhavesh S/o Dineshdas, aged about 23 years, resident of Kamlod, Police Station Pratapnagar, District Udaipur (Raj.) (At present lodged in Central Jail, Udaipur)

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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. Naresh Khatri. For Respondent(s) : Mr. Anda Ram Choudhary, PP.

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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07/08/2024

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The applicants are under arrest in connection with crime registered pursuant to F.I.R. Number 349/2024 of Police Station Pratapnagar, District Udaipur, in respect of offences punishable under Sections 143, 341, 323, 365, 307 of the Indian Penal Code. They have approached this Court by way of this application for bail under Section 439 Cr.P.C.

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I have considered the rival submissions made by learned counsel for the applicant as well as learned Public Prosecutor and

perused the record.

[2024:RJ-JD:32805]

[CRLMB-7909/2024]

(2 of 3)

Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the applicant. He thus, craves rejection of the applicant’s bail application.

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I have given my anxious consideration to the rival submissions with reference to material placed before me.

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On perusal of the record and upon consideration of the submissions, it would be prima facie clear that both the petitioners namely, Dhyan Singh and Bhavesh were not named in the FIR; in statement under Section 161 of the Cr.P.C., injured Pushpendra Singh has levelled specific allegations of assault against co-accused namely Mahendra Joshi, Devendra Singh and Surendra Singh.

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Having considered the material available on record; the arguments advanced by counsel for the applicant particularly the facts narrated above and the fact that applicants are in custody since 01.06.2024; that trial is likely to take its own considerable time and taking note of all these aspects, I do not intend to go into the merits of the matter but of the considered view that no useful purpose would be served by keeping the applicants in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioners at this stage.

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Consequently, the present bail application is allowed and it is directed that the accused-petitioners (1) Dhyan Singh S/o

(3 of 3)

[2024:RJ-JD:32805]

[CRLMB-7909/2024]

Doalat Singh and (2) Bhavesh S/o Dineshdas , arrested in connection with the F.I.R. No. 349/2024, registered at Police Station Pratapnagar, District Udaipur, shall be released on bail provided each of them furnishes a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. This order is subject to the condition that accused, within 7 days of their release, and sureties on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.

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The factual report submitted by the learned Public Prosecutor is taken on record.

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(RAJENDRA PRAKASH SONI),J

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68-Mohan/-

Dhyan Singh v. State of Rajasthan

Case brief

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Dhyan Singh v. State of Rajasthan

Case brief

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