Rajasthan High Court - Jaipur
Rahul Sharma Son Of Shri Ramniwas Sharma vs State Of Rajasthan on 1 November, 2022
Author: Chandra Kumar Songara
Bench: Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 4642/2022
Rahul Sharma Son Of Shri Ramniwas Sharma, Aged About 21
Years, Resident Of House No. 47, Talai Wali Dhani, Village Bavdi
Khora Bisal, Police Station Kardhani, Jaipur (Raj.) ( At Present In
Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 4963/2022
1. Deepanshu Kumawat S/o Late
Shri Hanuman Sahai Kumawat,
Aged About 22 Years, Resident
Of Kumharo Ka Mohalla, Near
Tejaji Mandir, Niwau Village,
Police Station, Kardhani, Jaipur
( At Present Confined In
Central Jail Jaipur (Raj.)
2. Pawan Bagda S/o Shri Prahlad
Bagda, Aged About 21 Years,
Resident Of Badavali Dhani,
Manshapura, P.s. Kardhani,
Jaipur ( At Present Confined In
Central Jail Jaipur (Raj.)
3. Deepak Yadav S/o Shri Mahesh
Yadav, Aged About 21 Years,
Resident Of Seduram Ahir Ki
Dhani, Village Hatoj Near B.ed
College, P.s Kardhani District
Jaipur (Raj.) ( At Present
Confined In Central Jail Jaipur
(Raj.)
----Petitioners
Versus
State Of Rajasthan, Through P.p.
----Respondent
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For Petitioner(s) : Mr. Jhabar Mal Swami
Mr. Ram Kumar Swami
Mr. A.K. Sharma, Sr. Adv. assisted by
Mr. Rachit Sharma
For Respondent(s) : Mr. Mangal Singh Saini, PP
Mr. Satish Khandal with
Mr. Nishant Sharma for complainant
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
01/11/2022
These bail applications have been filed under Section 439 of
Cr.P.C. in connection with FIR No. 1052/2021 registered at Police
Station Kardhani, District Jaipur for the offences under Sections
147, 148, 149, 379 & 302 of IPC.
It is submitted by learned counsel for the petitioner-Rahul
Sharma that the petitioner-Rahul is neither named in the FIR nor
in the Police statements of the complainant Naval Kishor,
injured/deceased-Abhishek Sharma, Gagan Sharma, Yogesh
Sharma, Sachin Gautam and Rakesh Kumar. Nothing has been
recovered from the petitioner-Rahul Sharma. So far as parcha
bayan of injured/deceased Abhishek Sharma is concerned, it was
recorded on 02.12.2021 at 8:55 p.m. whereas, as per admission
summary of Chirayu Hospital, injured/deceased Abhishek Sharma
was admitted in that hospital on 02.12.2021 at 06:02 p.m. As per
systematic examination, the injured/deceased was having Cns-
unconsciousness and drowsiness. Therefore, looking to the facts
and circumstances of the case, bail application of the petitioner-
Rahul Sharma may kindly be granted.
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It is submitted by learned counsel for the petitioners
Deepanshu Kumawat, Pawan Bagda and Deepak Yadav that the petitioners are named in the FIR but nothing has been recovered from the petitioner-Deepanshu Kumawat. Counsel further submits that the petitioners are young students. So far parcha bayan of injured/deceased Abhishek Sharma is concerned, the said parcha bayan was recorded on 02.12.2021 at 8:55 p.m. whereas, as per admission summary of Chirayu Hospital, injured/deceased Abhishek Sharma was admitted in that hospital on 02.12.2021 at 06:02 p.m. It is further argued by learned counsel for the petitioners that looking to the police statements of Gagan and Yogesh, bail application of the petitioners Deepanshu Kumawat, Pawan Bagda and Deepak Yadav may kindly be granted.
Learned Public Prosecutor as well as learned counsel for the complainant have strongly opposed the bail application.
It is submitted by learned counsel for the complainant that the petitioners Deepanshu Kumawat, Pawan Bagda and Deepak Yadav are named in the FIR and recovery has been made from the petitioners-Pawan Bagda and Deepak Yadav. Looking to the complaint, parcha bayan, Police statements of witnesses and post mortem report of injured/deceased Abhishek Sharma, bail application of the petitioners may be rejected.
Heard and perused the material available on record. So far bail application of the petitioner-Rahul Sharma is concerned, considering the submission made by learned counsel for the petitioner and taking into consideration overall facts and circumstances of the case but without expressing any opinion on (Downloaded on 25/12/2022 at 12:27:04 PM) (4 of 5) [CRLMB-4642/2022] the merits/demerits of the case, this Court deems it just and proper to enlarge the petitioner Rahul Sharma on bail.
So far the bail application of the petitioner-Deepanshu Kumawat is concerned, considering the submissions made by learned counsel for the petitioner-Deepanshu Kumawat and the fact that nothing has been recovered from him and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this Court deems it just and proper to enlarge the petitioner- Deepanshu Kumawat on bail.
So far the bail application of the petitioners-Pawan Bagda and Deepak Yadav is concerned, they are named in the FIR. One blood stained iron nozzle pipe and one blood stained round iron pipe have been recovered at the instance of the petitioners-Pawan Bagda and Deepak Yadav and as per post mortem report of injured/deceased Abhishek Sharma, cause of death is shock brought about as a result of cumulative effect of all the bodily ante-mortem injuries, which are sufficient to cause death in ordinary course of nature.
Taking into consideration the facts and circumstances of the case and the submission made by learned counsel for the complainant but without expressing any merits and demerits of the case, I deem it not proper to enlarge the petitioners-Pawan Bagda S/o Shri Prahlad Bagda and Deepak Yadav S/o Shri Mahesh Yadav on bail and bail application (S.B. CrLMB No. 4963/2022) filed on their behalf is dismissed.
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(5 of 5) [CRLMB-4642/2022] Accordingly, the bail application filed on behalf of accused- petitioners-Pawan Badga and Deepak Yadav under Section 439 CrPC is, hereby, dismissed.
Accordingly, the bail application (S.B. CrLMB No.4642/2022) filed on behalf of Rahul Sharma and another bail application (S.B. CrLMB No.4693/2022) filed on behalf of Deepanshu Kumawat S/o Late Shri Hanuman Sahai Kumawat under Section 439 of Cr.P.C. are allowed and it is ordered that the accused-petitioners Rahul Sharma S/o Shri Ramniwas Sharma and Deepanshu Kumawat S/o Late Shri Hanuman Sahai Kumawat shall be enlarged on bail; provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.
(CHANDRA KUMAR SONGARA),J Payal/12-13 (Downloaded on 25/12/2022 at 12:27:04 PM) Powered by TCPDF (www.tcpdf.org)