1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR.
S.B. CRIMINAL MISC BAIL CANCELLATION APPLICATION
NO............./2020
Smt Santosh Devi W/o Shri Vidhadhar R/o Village Suthoth Laxmangadh,
District Sikar Rajasthan.
.....APPLICANT-COMPLAINANT
VERSUS
1. State of Rajasthan through PP
…………RESPONDENT
2. Richpal S/o Shri Surjaram age about 66 years, R/o Sanvloda
Purohitan, Police Station Sadar District Sikar Rajasthan.
....RESPONDENT-ACCUSED
S.B. CRIMINAL MISC. BAIL CANCELLATION APPLICATION UNDER
SECTION 439(2) READ WITH SECTION 482 OF CR.P.C AGAINST THE
ORDER DATED 03.06.2020 PASSED BY HON’BLE MR. JUSTICE
PANKAJ BHANDARI J.. IN S.B. CRIMINAL. MISC. BAIL APPLICATION
NO. 5817/2020 TITLED AS “RICHPAL v. STATE OF RAJASTHAN”
FILED UNDER SECTION 439 CRPC, WHEREBY THE BAIL
APPLICATION FILED BY THE ACCUSED HAS BEEN ALLOWED IN
RELATION TO FIR NO. 457/2019 DATED REGISTRED AT POLICE
STATION SADAR DISTRICT DHOLPUR FOR THE OFFENCE UNDER
SECTION 143, 323, 341, 342, 365, 382, IPC AND CHARGE SHEET
FILED UNDER SECTION 147, 149, 364, 342, 382, 302 IPC .
To,
The Hon’ble Chief Justice
and his companion Judges of the High Court
of Judicature for Rajasthan Bench at Jaipur.
MAY IT PLEASE YOUR LORDSHIPS,
The applicant- complainant, above-named, most respectfully submit
as under:-
1. That the present application is filed u/s 439 (2) read with section
482 of Criminal Procedure Code, 1973 (in short “Cr.P.C”) for
cancellation of the bail of the accused respondent under section
439 Cr.P.C granted vide order dated 03.06.2020. A Certified copy
of the order dated 03.06.2020 is submitted herewith and marked as
Annexure-A/ 1. its ready reference for this Hon'ble court
2. That the brief fact of the case are that complainant /applicant
lodged the FIR bearing no.457/2019 at police station Sadar District
Sikar under section 143, 323, 341, 342, 365, 382, IPC and later on
charge sheet filed by the the police under section 147, 149, 364,
342, 382, 302 IPC against the accused persons during the
investigation police arrested the accused respondent. The copy of
the charge sheet filed along with this bail cancellation application.
3. That accused respondent moved the bail application under section
before the Session judge Sikar which was rejected vide order dated
29.05.2020 after accused respondent challenged the order dated
29.05.2020 before this Hon’ble court and bail application grant vide
order dated 03.06.2020.
4. That aforesaid order dated 03.06.2020 passed by this Hon’ble court
where in no any section mention offence under section 302 IPC so
applicant presumed that during argument accused respondent did
not disclosed that during investigation deceased has death due to
injury which were caused by accused respondent and other person,
so Hon’ble court grant the bail application of the accused
respondent without consideration this fact this is the murder case
neither injury case.
5. That respondent accused did not mention single word in the bail
application regarding offence under section 302 IPC.
6. That this Hon’ble court grant bail application of the respondent vide
order dated 24.10.2017(Annexure-1) because respondent accused
mislead the court and not present the correct fact that eye witness
in this case clearly stated that accused respondent and other
accused person sustained injury to deceased Harlal , due to he has
expired.
7. That important fact mention here with that daughter of accused
Baluram (adopted father) and accused Ramdayal (natural father)
namely chandrakala performed love marriage with son of the
complainant namely Surjit Kumar Dhaka at Arya Samaj Gaiziyabad
where in deceased Harlal was done Signature as witness after that
both chandra kala and Surjit filed protection petition before the
Hon'ble Rajasthan High court Jaipur where in allowed the
protection petition and provided the protection due to accused
person intensely murdered of deceased Harlal the Photostat copy
of the judgment dated 20.09.2019 is submitted here with and
marked as Annexure-2.
8. That after the these order police warned to accused person
regarding cause harm to anybody but they did not compliance of
the order dated 20.09.2019 passed by Hon’ble Mr. Justice Sandeep
Mehta in SB Cr.M.P no. 6046/2019 titled as Surjeet Kumar Vs State
of Rajasthan so this case is the Honor Killing caused by accused
respondent and other accused person because deceased is the
maternal uncle of the Surjeet who performed loved marriage with
daughter of accused family.
9. That after released on bail accused respondent threatening to kill
to complainant and her family and he pressurized to compromised
in this case due to reason wife of the deceased Laxmi Devi filed
the complaint dated 09.06.2020 against the accused respondent
before the SP Sikar. The photostat copy of the complaint dated
09.06.2020 is submitted here with and marked as Annexure-3.
10. That the complainant being aggrieved from the order dated
03.06.2020 because accused respondent get bail on the basis of
wrong fact and mislead the court, the complainant submits this bail
cancellation application before this Hon'ble Court inter-alia on the
following grounds amongst other.
A. That bail of the accused respondent should be cancelled due
to reason, act of the respondent/accused is very serious
nature which is proved by statement of Surjeet singh,
Tarachand and Dhan singh who is the eye witness in this
case.
B. That bail of the accused respondent should be cancelled
because respondent accused mislead the court no any
single word mention in the bail application regarding offence
under section 302 IPC .
C. That That aforesaid order dated 03.06.2020 passed by this
Hon’ble court where in no any section mention offence under
section 302 IPC so applicant presumed that during argument
accused respondent did not disclosed that during
investigation deceased has death due to injury which were
caused by accused respondent and other person, so Hon’ble
court grant the bail application of the accused respondent
without consideration this fact this is the murder case neither
injury case
D. That important fact mention here with that daughter of
accused Baluram (adopted father) and accused Ramdayal
(natural father) namely chandrakala performed love marriage
with son of the complainant namely Surjit Kumar Dhaka at
Arya Samaj Gaiziyabad where in deceased herlal was done
Signature as witness after that both chandra kala and Surjit
filed protection petition before the Hon'ble Rajasthan High
court Jaipur where in allowed the protection petition and
provided the protection to accused person due to accused
person intensely murdered of deceased Harlal. That after the
these order police warned to accused person regarding
cause harm to anybody but they did not compliance of the
order dated 20.09.2019 passed by Hon’ble Mr. Justice
Sandeep Mehta in SB Cr.M.P no. 6046/2019 titled as Surjeet
Kumar Vs State of Rajasthan so this case is the Honor
Killing caused by accused respondent and other accused
person because deceased is the maternal uncle of the
Surjeet who performed loved marriage with daughter of
accused family.
E. That after released on bail accused respondent threatening
to kill to complainant and her family and he pressurized to
compromised in this case due to reason wife of the
deceased Laxmi Devi filed the complaint dated 09.06.2020
against the accused respondent before the SP Sikar.
F. That accused respondent is the criminal offender several
case pending against him.
G. That after the investigation police submitted the charge
sheet against the accused respondent under section 302
IPC and found that he performed active role to sustained
injuries against the deceased.
H. That every statement under section 161 CRPC presence of
the accused respondent found at incident spot and found he
was the angry against the deceased.
I. That in case of Prakash Kadam and etc. etc. Vs. Ramprasad
Vishwanath Gupta and Anr. (2011)6SCC189 Hon’ble
Supreme court observed in para no. 17 that “17. However,
we are of the opinion that that is not an absolute rule, and it
will depend on the facts and circumstances of the case. In
considering whether to cancel the bail the Court has also to
consider the gravity and nature of the offence, prima facie
case against the accused, the position and standing of the
accused, etc. If there are very serious allegations against the
accused his bail may be cancelled even if he has not
misused the bail granted to him. Moreover, the above
principle applies when the same Court which granted bail is
approached for canceling the bail. It will not apply when the
order granting bail is appealed against before an
appellate/revisional Court”. 8. That the other grounds would
11. That the other grounds would be urged at the time of hearing.
It is, therefore, humbly prayed that this application for
cancellation of bail of the accused-respondent may kindly be allowed.
Consequently, his bail bonds may be canceled and he may be taken into
custody forthwith.
Your humble Applicant /complainant,
Through
(ABHIJEET PANCHARIYA)
ADVOCATES
NOTES:
1. No such bail Cancellation application has been filed previously by
the petitioner in the aforesaid FIR before this Hon’ble Court or
Hon’ble Supreme Court.
2. A copy of bail cancellation application has been given to the
learned P.P.
3. That this application has been typed by my private typist.
4. That the pie papers are not readily available, hence this application
been typed on stout papers.
COUNSEL FOR THE APPLICANT
Abhijeet Panchariya Advocates
Enrolled no. R/1345/2016
Mobile no. 9468518589
Email id - abhijeet.123panchariya@gmail.com
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR.
S.B. CRIMINAL MISC BAIL CANCELLATION APPLICATION
NO............./2020
Smt. Santosh Devi
.....APPLICANT-COMPLAINANT
VERSUS
State of Rajasthan through PP & Anr..
…………RESPONDENT
INDEX
S.No. Particular Page No.
1. Bail Cancelation Application
2 - Documents / Annexures
The certified copy of the order dated
Annex.1
06.03.2020
The photostat copy of the order
Annex.2
dated 20.09.2019
The photostat copy of the complaint
Annex.3
dated 09.06.2020
Counsel for the Accused-Petitioner
Dated
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR.
S.B. CRIMINAL MISC BAIL CANCELLATION APPLICATION
NO............./2020
Smt. Santosh Devi
.....APPLICANT-COMPLAINANT
VERSUS
State of Rajasthan through PP & Anr..
…………RESPONDENT
Synopsis
Order dated 03.06.2020 That the present application is filed u/s 439
(2) read with section 482 of Criminal Procedure Code, 1973 (in short
“ Cr.P.C”) for cancellation of the bail of the accused respondent under
section 439 Cr.P.C granted vide order dated 03.06.2020. Annexure-
A/ 1.
That the brief fact of the case are that complainant /applicant lodged
the FIR bearing no.457/2019 at police station Sadar District Sikar
under section 143, 323, 341, 342, 365, 382, IPC and later on charge
sheet filed by the the police under section 147, 149, 364, 342, 382,
302 IPC against the accused persons during the investigation police
arrested the accused respondent. The copy of the charge sheet filed
along with this bail cancellation application.
That accused respondent moved the bail application under section
before the Session judge Sikar which was rejected vide order dated
29.05.2020 after accused respondent challenged the order dated
29.05.2020 before this Hon’ble court and bail application grant vide
order dated 03.06.2020.
That aforesaid order dated 03.06.2020 passed by this Hon’ble court
where in no any section mention offence under section 302 IPC so
applicant presumed that during argument accused respondent did not
disclosed that during investigation deceased has death due to injury
which were caused by accused respondent and other person, so
Hon’ble court grant the bail application of the accused respondent
without consideration this fact this is the murder case neither injury
case .
That this Hon’ble court grant bail application of the respondent vide
order dated 24.10.2017(Annexure-1) because respondent accused
mislead the court and not present the correct fact that eye witness in
this case clearly stated that accused respondent and other accused
person sustained injury to deceased Harlal , due to he has expired .
Order dated 20.09.2019 That important fact mention here with that
daughter of accused Baluram (adopted father) and accused Ramdayal
(natural father) namely chandrakala performed love marriage with son
of the complainant namely Surjit Kumar Dhaka at Arya Samaj
Gaiziyabad where in deceased herlal was done Signaturea as
witness after that both chandra kala and Surjit filed protection petition
before the Hon'ble Rajasthan High court Jaipur where in allowed the
protection petition and provided the protection to accused person due
to accused person intensely murdered of deceased Harlal. the
Annexure-2.
That after the theses order police warned to accused person regarding
cause harm to anybody but they did not compliance of the order dated
20.09.2019 passed by Hon’ble Mr. Justice Sandeep Mehta in SB
Cr.M.P no. 6046/2019 titled as Surjeet Kumar Vs State of Rajasthan
so this case is the Honor Killing caused by accused respondent and
other accused person because deceased is the maternal uncle of the
Surjeet who performed loved marriage with daughter of accused
family.
Complaint dated 09.06.2020 That after released on bail accused
respondent threatening to kill to complainant and her family and he
pressurized to compromised in this case due to reason wife of the
deceased Laxmi Devi filed the complaint dated 09.06.2020 against the
accused respondent before the SP Sikar. Annexure-3.
That the complainant being aggrieved from the order dated
03.06.2020 because accused respondent get bail on the basis of
wrong fact and mislead the court, the complainant submits this bail
cancellation application before this Hon'ble Court .
COUNSEL FOR THE PETITIONER.
(ABHIJEET PANCHARIYA)
ADVOCATES
