Partly allowed

Chandraprakash S/O Madan Lal v. State of Rajasthan through Pp

Rajasthan HC28 May 2019CRLMB/787/2019

Case brief

AI extract

What is this about?

This order dismissed the anticipatory bail application of the first petitioner but allowed it for the second petitioner, directing their release on personal bond and two sureties subject to standard conditions under Section 438 Cr.P.C.

What did the court decide?

Anticipatory bail allowed for petitioner No. 2 on bond of Rs. 50,000 with two sureties of Rs. 25,000 each; application dismissed for petitioner No. 1.

Chandraprakash S/O Madan Lal Vs State of Rajasthan… — Cheating and Forgery | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 787/2019

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Chandraprakash S/o Madan Lal, Aged About 32 Years, R/o 19/316 Near Government Dispensary, Chhavani Kota, Raj. At Present Mumbai, Maharashtra.

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Ravindra Kumar S/o Madan Lal, Aged About 37 Years, R/o 19/316 Near Government Dispensary, Chhavani Kota, Raj.

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----Petitioners

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Versus

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State Of Rajasthan Through Pp, Raj.

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----Respondent

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For Petitioner(s) : Mr. Hemant Taylor For Respondent(s) : Mr. S.S. Ola, PP Mr. Dharmendra Kumar Srivastav, for the complainant

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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28/05/2019

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The present bail application has been filed under Section 438 Cr.P.C. The petitioners have been arrested in connection with FIR No.602/2018 registered at Police Station Nayapura, District Kota City for the offences under Sections 420, 467, 468 & 471 of IPC.

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So far as the petitioner No.1 - Chandraprakash S/o Madan Lal is concerned, counsel submits that he has been falsely implicated in this matter and the allegation levelled against him is of submitting income tax return of the complainant with forged signature, in a matrimonial dispute/matter pending before the learned Family Court.

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(2 of 3)

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[CRLMB-787/2019]

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So far as petitioner No.2 - Ravindra Kumar S/o Madan Lal is concerned, counsel submits that he has nothing to do with the matrimonial dispute pending between the petitioner No.1 and the complainant as well as his wife.

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Learned Public Prosecutor assisted by counsel for the complainant has opposed the bail application. 5. Considering the contentions put-forth by the counsel for the parties and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to grant anticipatory bail under Section 438 Cr.P.C. to the petitioner No.1 – Chandraprakash S/o Madan Lal and I deem it just and proper to grant anticipaltory bail under Section 438 Cr.P.C. to the petitioner No.2 - Ravindra Kumar S/o Madan Lal .

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Accordingly, the anticipatory bail application filed on behalf of petitioner No.1 - Chandraprakash S/o Madan Lal is dismissed and the bail application on behalf of petitioner No.2 - Ravindra Kumar S/o Madan Lal is allowed. The S.H.O/I.O/Arresting Officer, Police Station Nayapura, District Kota City in F.I.R. No.602/2018 is directed that in the event of arrest of the petitioner No.2 – Ravindra Kumar S/o Madan Lal , he shall be released on bail, 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/Arresting Officer of the concerned Police Station on the following conditions:-

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(i) that the petitioner No.2 shall make himself available for interrogation by a police officer as and when required;

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(3 of 3)

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[CRLMB-787/2019]

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(ii) that the petitioner No.2 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 any police officer, and

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(iii) that the petitioner No.2 shall not leave India without previous permission of the court.

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(INDERJEET SINGH),J

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Upendra/54

Chandraprakash S/O Madan Lal v. State of Rajasthan through Pp

Case brief

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What did the court decide?

Chandraprakash S/O Madan Lal v. State of Rajasthan through Pp

Case brief

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What did the court decide?

What the court decided

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