Allowed

Kump Singh v. State

Rajasthan HC19 Jul 2019CRLMB/3658/2019

Case brief

AI extract

What is this about?

Pending bail application where petitioner apprehended arrest for cheating and forgery offences. Court granted anticipatory bail under Section 438 Cr.P.C. observing delay in complaint filing and availability of documents, directing grant upon furnishing personal bond and sureties.

What did the court decide?

Anticipatory bail granted on furnishing personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Kump Singh Vs State — Anticipatory Bail | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3658/2019

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Kump Singh S/o Chotu Singh, Aged About 36 Years, By Caste Rajput R/o Bhojraj Ki Dhani, Ramgarh

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s) : Mr. Pradeep Shah For Respondent(s) : Mr. S.K. Bhati, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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19/07/2019

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner apprehends his arrest in connection with FIR No.101/2017 of Police Station Kotwali, Jaisalmer for the offence punishable under Sections 420, 467, 468 and 471 of IPC.

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Learned counsel for the petitioner has submitted that allegation against the petitioner is to the effect that in the year 2001 he had applied for allotment of agriculture land, while furnishing false information that he is not having any other agriculture land in his share. It is submitted that petitioner had filed an application for allotment of land under the allotment rules and the authorities concerned after taking into consideration the information supplied by the petitioner had allotted the land to the

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(2 of 3)

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[CRLMB-3658/2019]

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petitioner. It is submitted that as a matter of fact, the complaint regarding furnishing false information for the purpose of allotment of land was not filed by the Government but by a private person due to enmity. It is submitted that the petitioner had not furnished any false information and disclosed all the facts at the time of making application for allotment of agriculture land. It is further submitted that the petitioner has already made a representation before the Investigating Officer and no further interrogation is required from him.

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Learned Public Prosecutor has opposed the bail application.

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Having heard the learned counsel for the petitioner and after taking into consideration the fact that the application was preferred on behalf of the petitioner for allotment of land in the year 2008 whereas complaint against him was filed in year 2017 and the fact that petitioner has already made available all the relevant documents to the Investigating Agency, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C.

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Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner Kump Singh S/o Chotu Singh in FIR No.101/2017 of Police Station Kotwali, Jaisalmer he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs.50,000/with two sound and solvent sureities of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

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(3 of 3)

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[CRLMB-3658/2019]

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(i) He shall make himself available for interrogation by Investigating Officer as and when required;

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(ii) 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 him from disclosing such facts to the Court or to any Police Officer;

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(iii) He shall not leave India without the previous permission of the court.

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(VIJAY BISHNOI),J

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48-Taruna/-

Kump Singh v. State

Case brief

What is this about?

What did the court decide?

Kump Singh v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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