Allowed

Ramjaan Khan v. State of Rajasthan

Rajasthan HC9 Feb 2024CRLMB/971/2024

Case brief

AI extract

What is this about?

The single-judge bench of the High Court of Justice for Rajasthan at Jodhpur allowed the second bail application of two petitioners charged with offences under various sections of the Indian Penal Code. The court held that the injuries sustained by the injured were caused by a blunt weapon recovered from a co-accused, not a pistol held by the first petitioner, and the second petitioner was not nam

What did the court decide?

Second bail application allowed; petitioners released on bail by furnishing personal bonds of Rs. 50,000 and two sureties of Rs. 25,000 each.

Ramjaan Khan Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JD:6968]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. 2^nd Bail Application No. 971/2024

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Ramjaan Khan S/o Khan Mohammed, Aged About 29 Years, R/o 6 AMC, PS Rajiyasar, Sri Ganganagar. (Lodged In Dist Jail Sri Ganganagar)

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Rasid Ahmed S/o Mohammad Khan, Aged About 27 Years, R/o 3 AMC, PS Rajiyasar, Sri Ganganagar. (Lodged In Dist Jail Sri Ganganagar)

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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. Aidan Choudhary For Respondent(s) : Mr. Mahipal Bishnoi, Public Prosecutor

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JUSTICE DINESH MEHTA

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Order

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09/02/2024

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The present second bail application has been filed by the applicants under Section 439 of the Cr.P.C. seeking regular bail in connection with FIR No. 308/2023 registered at Police Station Rajiyasar, District Ganganagar for the offences under Sections 323, 341, 109, 382, 308, 325, 147, 148 and 149 of Indian Penal Code.

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The first bail application of the applicants was dismissed as withdrawn by this Court vide order dated 19.12.2023 in S.B Civil Misc. Bail Application No. 15178/2023 with a liberty to file afresh, once charge-sheet has been filed.

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Learned counsel for the applicants argued that omnibus allegations have been levelled against both the applicants and no

[2024:RJ-JD:6968]

[CRLMB-971/2024]

(2 of 3)

weapon as alleged in the First Information Report and the statement of the injured has been recovered from the applicant no.1.

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Learned counsel submitted that false implication has been made in order to wreak vengeance because of pre-existing enimosity between the complainant and the applicants. 5. Learned Public Prosecutor opposed the bail application by contending that multiple injuries have been inflicted upon the injured Nathu Ram and one injury is on occipital region, which could have caused death of the injured person. 6. Heard learned counsel for the parties and perused the record.

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So far as the applicant no.1 – Ramjaan Khan is concerned, a perusal of the First Information Report so also the statement of the injured reveals that the applicant no.1 was alleged to possess a pistol in his hands. If the injuries sustained by the injured are taken into consideration, there are multiple injuries caused by blunt weapon (may be lathi), which has been recovered from other co-accused and not from the applicant no.1.

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So far as holding of pistol is concerned, the same has not been recovered and there is not even an allegation of firing the pistol. According to this Court, no injury can be attributed to the present applicant no.1, who was allegedly having lathi in his hands. The injuries which have been suffered by the injured can, by no stretch of imagination, be caused by a pistol and kind of grievous injuries inflicted to the injured.

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The second bail application filed by the applicant no.1 is, therefore, allowed.

[2024:RJ-JD:6968]

[CRLMB-971/2024]

(3 of 3)

Adverting to the applicant no.2 – Rasid Ahmed, First Information Report does not contain his name, even in the statements of injured, the name of the applicant no.2 is absent. Therefore, even if a lathi is alleged to have been recovered from the applicant no.2, the same is of little help to the prosecution.

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In view of above, the present second bail application filed on behalf of both the applicants is allowed.

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The applicants namely (1) Ramjaan Khan S/o Khan Mohammed ; and (2) Rasid Ahmed S/o Mohammed Khan alias Deene Khan arrested in connection with the FIR No. 308/2023 registered at Police Station Rajiyasar, District Ganganagar shall be released on bail on their furnishing personal bonds each in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

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Applicants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.

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(DINESH MEHTA),J

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94-Mak/-

Ramjaan Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramjaan Khan v. State of Rajasthan

Case brief

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What did the court decide?

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