439_prahlad_singh.docx

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CRIMINAL MISC. IInd BAIL APPLICATION NO.-

/2018

PETITIONER: Prahlad singh S/o Shri Gordhan ram, B/C Gurjar, Age 26 Years, R/o Baktawarpura, pihe, P.S. Pilwa, Tehsil - Parbatsar, Dist :Nagaur (Raj.) (Presently Lodged At Dist Jail Pali )

VERSUS RESPONDENT: The State of Rajasthan ******** S.B. CRIMINAL MISC. IInd BAIL APPLICATION U/s 439 Cr.P.C., AGAINST THE ORDER DATED 29.05.2018 PASSED BY

SHRI

RAMESHWAR

VYAS,

R.J.S,

(D.J.CADRE)

LEARNED SESSION JUDGE, PALI (RAJ.) IN CRI. MISC. CASE NO. 365/2018, PARTAINING TO FIR. NO. 58/2018 POLICE STATION SADAR, PALI, DIST:- PALI FOR THE OFFENCE U/S 379 IPC. To, The Hon’ble Chief Justice and his other companion Judges of Hon'ble High Court of Judicature for Rajasthan at Jodhpur. MAY IT PLEASE YOUR LORDSHIP:

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On behalf of The petitioner it is respectfully submitted as under: 1.

That brief facts giving rise to this bail application are that on 19-03-2018 Complainant Sujaram submitted a report before SHO Sadar, Pali, Dist :- Pali in which it was stated by him That he purchased a tractor mahendra DI 275 No. RJ 22 9555 before 15 Months from Smt Champadevi W/o Shri Madhuram by executing an agreement and tractor is in the name of Smt Champadevi. Further it was alleged by him that before 10 days he did deal of tractor with Karansingh Rajpoot with consideration amount of 50,000/Rupees in cash, upon which Karansing said that he would give the 20,000/- rupees in the morning and took away the tractor, but when Karansingh did not pay the amount of tractor he brought his tractor on dated 16-03-2018 and in the evening after coming from his work at 11:00 PM while standing his tractor out side his home sleep and when he wake up in the morning at 05:00Am on dated 17-05-2018 then he found that tractor was not there. after that he along with his family member searched tractor but not found. etc. etc.

2.

That Upon this report an FIR No. 58/2018 was registered at P.S. Sadar, Pali, Dist :- Pali for offences Punishable U/s 379 IPC and Police started investigation and during the course of investigation police arrested the present petitioner along with other accused persons.

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3.

That the petitioner who is absolutely innocent person and he has been falsely implicated in the case applied to be released on bail U/S 439 Cr.P.C. before the court below but the same was rejected on dated 29.05.2018 looking to the gravity of offence. Hence being aggrieved by impugned order dated 29/05/2018 petitioner prefer this bail application before Hon'ble Court on the following grounds amongst others :GROUNDS

1.

That the petitioner is an innocent person and he has been sought to be falsely implicated in the present case to lower down the prestige and standing.

2.

That it is pertinent to mention here that the name of the petitioner is not there in the FIR and recovery of tractor is also not made out from the petitioner, nothing has to be recovered from the petitioner. which clearly shows that he is quite innocent person, therefore, petitioner may kindly be released on bail.

3.

That there is no eye witness available on record in the present case and also no evidence is available on record which proved the offences as alleged in the FIR against the petitioner, therefore, the petitioner may kindly be released on bail.

4.

That the petitioner is of 26 Years young person and if he would be kept in Judicial custody for long time, that would

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effect his life and also his character, therefore, the petitioner may kindly be released on bail. 5.

That the other co-accused Kripa Singh has already been released on bail in the same case by this Hon'ble Court vide order dated 27-06-2018, hence, petitioner may also kindly be released on bail.

6.

That the petitioner is behind the bars since arrested and now the challan has been filed by the investigating agency after rejection of first bail application of the petitioner and further allegation leveled upon the petitioner are triable by magistrate and Nothing has to be recovered from the petitioner, hence no purpose will be served by keeping the petitioner behind the bars during trial. Therefore petitioner may kindly be released on bail.

7.

That the petitioner is permanent resident of above mentioned address therefore, there is no chance of him absconding. He are in jail since the date of arrest and the trial is going to take a long time, The petitioner is also ready and willing to furnish bail bonds as per the order of this Hon’ble court. hence petitioner may kindly be released on bail.

8.

That, there is no likelihood of petitioner absconding or in any manner tempering with the prosecution evidence.

9.

That the other grounds would be urged at the time of arguments.

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PRAYER

It is, therefore, most Humbly and Respectfully prayed that this bail application may kindly be allowed and petitioner may kindly be ordered to be release on bail. Any other order or direction which this Hon'ble Court deems fit and proper In the facts and circumstances of the case may kindly be passed in favour of the petitioner. HUMBLE PETITIONER THOROUGH HIS COUNSEL (SHAITAN SINGH BADGUJAR) Notes :-

1.

That previously bail application No. 5423/2018 was filled by the Petitioner in this matter and same was partly allowed upto bail acceptance of co-accused vide order dated 27-06-2018 by Hon'ble Justice Mr. .........................

2.

PP has been served.

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Typed an stout paper, due to non-availability of the pie papers, typed by my private steno.

4.

That the matter is of Pali District, hence the jurisdiction over the same vest with Hon'ble Rajasthan High Court, Jodhpur. HUMBLE PETITIONER THOROUGH HIS COUNSEL (SHAITAN SINGH BADGUJAR)