Partly allowed

Kailash Chand Sharma S/O Kanhaiya Lal Sharma v. State of Rajasthan

Rajasthan HC20 Mar 2024CRLMB/97/2024

Case brief

AI extract

What is this about?

The court allowed anticipatory bail for one petitioner (Prabhu Dayal) in an FIR involving offences under Sections 143, 323, 327, 341, and 452 IPC, subject to conditions. The application for the second petitioner (Kailash Chand) was dismissed due to specific material linking him to grievous injury.

What did the court decide?

Anticipatory bail granted to Prabhu Dayal Sharma; dismissed for Kailash Chand Sharma with liberty to surrender and apply for regular bail.

Kailash Chand Sharma S/O Kanhaiya Lal Sharma Vs State of… — Anticipatory Bail | Rajasthan HC (2024)

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[2024:RJ-JP:13938]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 97/2024

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Kailash Chand Sharma S/o Kanhaiya Lal Sharma, R/o Manpur Nanglaya, Beelwa Kalan, Jaipur (Raj.)

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Prabhu Dayal Sharma S/o Kanhaiya Lal Sharma, R/o Manpur Nanglaya, Beelwa Kalan, Jaipur (Raj.)

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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.	Mahesh Gutpa
For Respondent(s)	: Mr.	Chandragupt Chopra, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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20/03/2024

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Apprehending their arrest in connection with FIR No. 594/2023 registered at Police Station Shivdaspura, Jaipur City (South) for the offence(s) under Sections 143, 323, 327 341, and 452 of IPC, the accused-petitioners have preferred this anticipatory bail application under Section 438 Cr.P.C.

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Learned counsel for the accused-petitioners submit that accused-petitioners have falsely been implicated in the case. He further submits that prima-facie no case is made out against the accused-petitioners. There is a land dispute between accusedpetitioners and complainant. The allegation of trespassing in the house and causing injuries to Prabhati Devi, etc. is omnibus in nature. Sections 323 & 325 of IPC are bailable. Therefore, anticipatory bail application of the accused-petitioners may be allowed.

[CRLMB-97/2024]

[2024:RJ-JP:13938]

(2 of 3)

Learned Public Prosecutor vehemently opposes the anticipatory bail application.

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Heard and perused the case diary.

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Prima facie, there is enough material against the accusedpetitioner Kailash Chand specifying his role in the alleged crime. It is alleged against the accused-petitioner Kailash Chand that he, after trespassing in the house of complainant, caused grievous injury to the complainant.

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Thus, without commenting anything on the merits of the case, I deem it proper to allow the bail application of accusedpetitioner No.2 Prabhu Dayal.

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Accordingly, the anticipatory bail application under Section 438 Cr.P.C. is allowed and it is ordered that in the event of arrest of the petitioner Prabhu Dayal Sharma S/o Kanhaiya Lal Sharma in connection with FIR No. 594/2023 registered at Police Station Shivdaspura, Jaipur City (South), he shall be released on bail, provided he 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 OfÏcer 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 ofÏcer 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 ofÏcer, and

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

(3 of 3)

[2024:RJ-JP:13938]

[CRLMB-97/2024]

So far as the anticipatory bail application of accused-petitioner No.2 Kailash Chand is concerned, I am not inclined to allow the anticipatory bail application of accused-petitioner Kailash Chand.

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Therefore, the bail application filed under Section 438 Cr.P.C. on behalf of accused-petitioner No.1 Kailash Chand is dismissed with liberty to surrender before the concerned Court and on filing the bail application by the accused-petitioner No.1 Kailash Chand, the Court concerned shall make all endeavour to decide the same, preferably on the same day.

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(PRAVEER BHATNAGAR),J

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Keshav/49

Kailash Chand Sharma S/O Kanhaiya Lal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kailash Chand Sharma S/O Kanhaiya Lal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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