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HIGH COURT OF JUDICATURE FOR RAJASTHAN
DEVENDRA KACHHAWAHA
RAHUL @ SANJAY KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB/17117/2021
BAIL - SECTION 439 CRPC - OFFENCES UNDER SECTIONS 342, 327, 388, 384, 506 AND 120-B IPC - BAIL GRANTED - NO SPECIFIC ALLEGATION AGAINST THE ACCUSED-PETITIONER - SPECIFIC ALLEGATION AND RECOVERY MADE AGAINST CO-ACCUSED - OMNIBUS ALLEGATION AGAINST THE ACCUSED-PETITIONER - INVESTIGATION AND TRIAL WILL TAKE SUFFICIENTLY LONG TIME
Fact of the Case:
The petitioner was arrested in connection with an FIR registered for offences under Sections 342, 327, 388, 384, 506 and 120-B IPC. The petitioner filed a bail application under Section 439 CrPC, arguing that the allegations against him were false and that he had been falsely implicated in the case. The prosecution opposed the bail application, arguing that the petitioner was present at the time of the incident and that there was an allegation of punching and slapping against him.
Finding of the Court:
The court found that the specific allegation in regard to injury was attributed to a co-accused and that two rings had been recovered from him. The court also found that two rings along with a blank cheque and stamps had been recovered from another co-accused. The court further found that only an omnibus allegation was made against the petitioner and that the investigation and trial would take a sufficiently long time.
Issues: Whether the petitioner should be granted bail under Section 439 CrPC.
Ratio Decidendi: The court held that the petitioner was entitled to bail as there was no specific allegation against him and the investigation and trial would take a sufficiently long time.
Final Decision: The court allowed the bail application and ordered that the petitioner be released on bail on furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 17117/2021
Rahul @ Sanjay Kumar S/o Shri Subhash Chandra, Aged About
34 Years, R/o Ward No. 27, Godara Basti, Sangaria, Ps -
Sangaria, District Hanumangarh, Rajasthan.
(Presently Lodged In Jail Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s)
:
Mr. N.K. Sharma, through VC
For Respondent(s)
:
Mr. Sumer Singh Rajpurohit, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
13/01/2022
In the wake of onslaught of COVID-19, as per guidelines,
lawyers have been advised to refrain from coming to the Courts,
therefore, hearing of the matter is being taken up only through
video conferencing.
Heard learned counsel for the petitioner appearing through
video conferencing and the learned Public Prosecutor, present-in-
person. Perused the material available on record.
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in judicial custody in
connection with F.I.R. No.383/2021, Police Station Sangaria,
District Hanumangarh, registered for the offence under Sections
342, 327, 388, 384, 506 and 120-B IPC.
Learned counsel for the petitioner stated that accused-
petitioner has falsely been implicated in this case; that allegations
(2 of 3)
[CRLMB-17117/2021]
against the co-accused Shyokat Ali and the present petitioner are
similar in nature; that no specific allegation is made against the
accused-petitioner; that specific allegation is made against co-
accused, viz., Amit Khan and Nisha; that no recovery is made
from the accused-petitioner; that recovery is made from the co-
accused- viz., Amit Khan and Nisha; that accused-petitioner is
behind the bars since 25.11.2021; that no investigation and
recovery is pending against the accused-petitioner; that further
investigation and trial will take sufficiently long time, therefore,
benefit of bail may be granted to the accused petitioner.
On the contrary, learned Public Prosecutor opposed the bail
application of the accused-petitioner and stated that accused-
petitioner was present at the time of incident and there is
allegation of punching and slapping against him.
Having regard to the facts and circumstances of the case,
particularly to the fact that specific allegation in regard injury is
attributed to co-accused Amit Khan and two rings have been
recovered from him and two rings along with blank cheque and
stamps have been recovered from co-accused Nisha; that only
omnibus allegation is made against the present petitioner; further
investigation and trial will take sufficiently long time, therefore,
without expressing any opinion on the merits/demerits of the
case, this Court is of the opinion that the bail application filed by
the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner-Rahul @ Sanjay Kumar S/o Shri
Subhash Chandra, arrested in connection with F.I.R. No.383/2021,
Police Station Sangaria, District Hanumangarh, shall be released
on bail, if not wanted in any other case, provided he furnishes a
(3 of 3)
[CRLMB-17117/2021]
personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two
sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to
the satisfaction of the learned trial Court for his appearance before
that Court on each and every date of hearing and whenever called
upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J
50-Bharti/-
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