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CHAITENDRA SINGH versus STATE

High Court of Rajasthan

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CHAITENDRA SINGH v STATE - CRLMB Case No. 7392 of 2006 [2006] RD-RJ 3045 (1 December 2006)

In the High Court of Judicature for Rajasthan

At

Jaipur Bench, Jaipur

ORDER

In

S.B. Criminal Misc. Bail Application No.7392/2006

Chaitendra Singh Vs. State of Rajasthan 1st December, 2006

Date Of Order ::

Hon'ble Mr. Justice Jitendra Ray Goyal

Mr. Pankaj Gupta, counsel for petitioner.

Mr. R.P. Kuldeep, Public Prosecutor for State.

Mr. Sunit Awasthi, counsel for complainant. ....................

Heard learned counsel for accused petitioner as well as complainant, learned Public Prosecutor for the State, perused the case diary and other material produced during the course of arguments.

It is contended on behalf of the accused petitioner that he has falsely been implicated in this case and a cross FIR has also been lodged in this matter. It is also submitted that the complainant party kidnapped/abducted the accused petitioner and kept him in wrongful confinement and they inflicted injuries on his head by sharp edged weapon and he also sustained one grievous injury on his shoulder, he was compelled to call his father at the spot. It is also submitted that even according to the prosecution case no overt-act has been assigned to the accused petitioner and gun shot injuries on the non-vital part of the body of injured persons which were simple in nature were ascribed to co-accused

Ranjeet Singh who has been arrested and released on bail. It is also submitted that police got him released from the clutches of the complainant party and admitted him in the hospital.

Learned Public Prosecutor and counsel appearing for the complainant opposed the bail application and contended that at the instance of the accused petitioner this incident took place and he was present at the spot and having common intention.

Without making any observations on merits, having considered the rival submissions made at the bar, nature of accusation, material on record, all other facts and circumstances and also keeping in view that cross FIR has also been registered, the accused petitioner sustained simple and grievous injuries, no specific overt-act has been assigned to the accused petitioner and fire arm injuries were ascribed to co-accused Ranjeet Singh which were caused to Baldev and Ramchandra on their legs which were found to be simple in nature, I deem it proper to grant the benefit of pre-arrest bail to accused petitioner Chaitendra

Singh.

In the result, the bail application is allowed and it is directed that in the event of arrest of petitioner Chaitendra Singh

S/o. Ranjeet Singh, he shall be released on bail by the concerned

SHO/Investigating Officer in FIR No.90/2006 registered at Police

Station Rupangarh, District Ajmer provided he furnishes a personal bond in the sum of Rs.10,000/- together with two sureties each in the sum of Rs.5,000/- to the satisfaction of the concerned SHO/Investigating Officer on the following conditions :- 1. that he shall make himself available for interrogation by a police officer as and when required; 2. that he 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 officer; and 3. that he shall not leave India without previous permission of the

Court.

(J.R. Goyal),J

VS Shekhawat/-

Jr. P.A.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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