Allowed

Manish Kumawat v. State of Rajasthan through Pp

Rajasthan HC3 Apr 2017CRLMB/3255/2017

Case brief

AI extract

What is this about?

The High Court of Rajasthan considered a second bail application filed by Manish Kumawat charging him with offences of cheating and criminal conspiracy. The court allowed the application, ordering the petitioner's release on bail subject to a personal bond and one surety.

What did the court decide?

Petitioner released on bail on furnishing a personal bond of Rs.50,000 with one surety in a like amount.

Manish Kumawat Vs State of Rajasthan through Pp — Bail and Remand | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 2^nd Bail No. 3255 / 2017

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Manish Kumawat S/o Pooranmal B/c Kumawat, Aged About 28 Years, R/o House No. 19B, Vinoba Basti, Barkat Nagar, Police Station Bajaj Nagar, Jaipur (at Present Confined in Central Jail Jaipur)

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----Petitioner

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Versus

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State of Rajasthan Through PP

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----Respondent

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For Petitioner(s) : Mr. Paresh Choudhary

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Mr. NS Dhakad-Public Prosecutor

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Mr. Rajendra Singh Tanwar for complainant.

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Mr. Manoj Kumar Gupta, SHO/IO, PS Bajaj Nagar, Jaipur

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HON'BLE MR. JUSTICE M.N. BHANDARI

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Judgment

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03/04/2017

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Learned counsel for petitioner submits that co-accused has been enlarged on bail and the case of the petitioner is not different than that of the co-accused. He may also be released on bail.

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The complainant, approached him to take loan against the land for the treatment of his son. The petitioner help him to get the loan and, at one stage, petitioner himself lodged an FIR against the others for manipulating the papers to use it for sale of the land of the complainant. The FR in the case was given. The petitioner has submitted protest petition therein thus his bonafides are also coming out from the aforesaid.

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Learned Public Prosecutor and learned counsel for

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(2 of 2)

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[CRLMB-3255/2017]

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complainant have opposed the bail application. It is submitted that petitioner and Raju Kumawat along with Mahesh grabbed the land by misusing their position thus bail may not be granted to the petitioner even if co-accused has been released on bail.

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After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial but looking to the facts of this case, I am of the view that the petitioner deserves to be enlarged on bail.

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Accordingly, this second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the petitioner namely Manish Kumawat S/o Pooranmal in FIR No. 244/2014 registered with Police Station Bajaj Nagar, District Jaipur Metropolitan for offence under Sections 420, 406 and 120-B IPC be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/together with one surety in the like amount to the satisfaction of the learned trial court for his appearance before the court on all subsequent dates of hearing and as and when called upon to do so.

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Sunita/10

Manish Kumawat v. State of Rajasthan through Pp

Case brief

What is this about?

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Manish Kumawat v. State of Rajasthan through Pp

Case brief

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What did the court decide?

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