Allowed

Aljeb Khan Son of Shri Raies Khan v. State of Rajasthan

Rajasthan HC27 Nov 2019CRLMB/13460/2019

Case brief

AI extract

What is this about?

High Court granted anticipatory bail to the petitioner in Section 438 CrPC application. The case involves allegations of snatching stamps in a civil dispute. Court imposed conditions including furnishing bail bond and appearing for interrogation.

What did the court decide?

Application allowed; petitioner to be released on bail on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each subject to conditions.

Aljeb Khan Son of Shri Raies Khan Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 13460/2019

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Aljeb Khan Son Of Shri Raies Khan, Aged About 24 Years, Resident Of Plot No. 4373, Chppar Bando Ka Mohalla, Ghatgate Jaipur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent For Petitioner(s) : Mr. Rakesh Chandel For Respondent(s) : Mr. Pankaj Agarwal, P.P.

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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27/11/2019

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This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No . 555/2019 registered at P.S. KhoNagoriyan, Distt. Jaipur City (East) for the offences mentioned therein against the applicant, whereupon the investigation was commenced. Apprehending his arrest, the petitioner moved the bail application before the court below, which was dismissed. Hence, this bail application has been filed.

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Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material made available on record.

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Learned counsel for the petitioner submits that initially the petitioner submitted a complaint against the complainant under Section 190 Cr.P.C. before the Court of Metropolitan Magistrate No. 23, Jaipur Metropolitan, Jaipur for the offences under Sections 34,

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(2 of 3)

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[CRLMB-13460/2019]

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406, 420, 120-B and 384 IPC, which was sent under Section 156 (3) Cr.P.C, on the basis of which, FIR was registered.

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In the counterblast, the complainant submitted a complaint before the Court of Metropolitan Magistrate No. 30, Jaipur Metropolitan, Jaipur for the offence under Section 420, 406, 467, 468, 471 and 384 IPC against the petitioner. Magistrate concerned sent the complaint under Section 156 (3) Cr. P.C. for restoration of the FIR, on the basis of which FIR No. 555/2019 was registered at Police Station Kho-Nagoriyan, District Jaipur. The allegation levelled by the complainant in the FIR is that the petitioner after putting the students in fear of threats, snatched the stamps. Learned counsel further submits that in the instant case no land was purchased. The only allegation against the petitioner is that he snatch the stamps and afterwards misused the same. Thus, it is purely a civil dispute between the parties and the FIR has been lodged with a view to give colorful shape of criminal nature so as to falsely implicate the petitioner in the criminal case.

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On the other hand, learned Public Prosecutor has opposed the bail application.

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Taking into consideration the submissions advanced by the learned counsel for applicant, note of the allegations levelled against the applicant as also looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to grant anticipatory bail to the applicant.

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Therefore, this bail application filed under Section 438 Cr.P.C is allowed and it is directed that in the event of arrest of petitioner

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(3 of 3)

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[CRLMB-13460/2019]

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Aljeb Khan Son of Shri Raies Khan in the aforesaid FIR, he shall be released on bail by the concerned SHO/Investigating Officer, provided he furnishes a personal bond in the sum of Rs. 50,000/with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the S.H.O/I.O of the concerned Police Station on the following conditions:

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i) That the petitioner shall make himself/herself available for interrogation before the police officer, as and when required;

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ii) That the petitioner 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 him/her from disclosing such facts to the court or to any police officer;

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iii) That the petitioner shall not leave India without previous permission of the court;

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iv) That the petitioner shall not commit any offence similar to the offence of which he/she is accused or suspected.

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(GOVERDHAN BARDHAR),J

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Ashu/2

Aljeb Khan Son of Shri Raies Khan v. State of Rajasthan

Case brief

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Aljeb Khan Son of Shri Raies Khan v. State of Rajasthan

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