Allowed

Om Prakash Dixit S/O Shri Nand Kishore Dixit B/C Brahmin v. State of Rajasthan

Rajasthan HC12 Feb 2020CRLMB/43/2020

Case brief

AI extract

What is this about?

The High Court allowed an S.B. Criminal Miscellaneous Bail Application under Section 438 Cr.P.C. granting bail to the petitioners if they surrender before the concerned court by 24.02.2020, staying the execution of the arrest warrant in the meantime.

What did the court decide?

Bail granted subject to surrender before the Court concerned on or before 24.02.2020; execution of arrest warrant stayed.

Om Prakash Dixit S/O Shri Nand Kishore Dixit B/C Brahmin… — Bail and Remand | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 43/2020

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Om Prakash Dixit S/o Shri Nand Kishore Dixit B/c Brahmin, Aged About 70 Years, R/o 13 Shri Govind Vihar Anokha Road Hrmada Jaipur

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Prabhu Singh Chouhan S/o Shri Hamir Singh Chouhan B/c Chouhan, Aged About 79 Years, R/o Pratap Nagar Opposite Central School No 6 Pratap Nagar Sector 11 Jaipur

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----Petitioners

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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. Ashvin Garg For Respondent(s) : Mr. Pankaj Agarwal, P.p.

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Order

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12/02/2020

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This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 105/1994 registered at P.S. Jalupura District Jaipur for the offences mentioned therein against the petitioners, whereupon the investigation was commenced. Apprehending their arrest, the petitioners 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 petitioners, learned Public Prosecutor and perused the material made available on record.

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The learned trial Court vide order dated 18.06.2013 took cognizance against the petitioners and issued warrant of arrest against them for procuring their presence.

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(2 of 2)

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[CRLMB-43/2020]

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As per prosecution case, allegations against the applicants are that they were involved in conspiracy in getting recognition of degree/diploma of Bihar Pradesh Shiksha Parishad, Shripalpur Patna.

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Learned counsel further submits that applicants never remained posted in the Secretariat. The said note in question was prepared by Shri N.Belani, the then Deputy Secretary to the Government. Applicants have no concerned with the alleged office note approved by Shri N. Belani. The applicants did not conspire with any staff of the Secretariat to get approved such note.

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Learned counsel further argued that office note prepared by a clerk in the matter of giving recognition to degree/diploma of any institution, the same is not final because it is considered and thoroughly examined at High Level. Counsel further submits that Ramji Lal Meena has been granted benefit of anticipatory bail. In the present case, it was not necessary to secure presence of the petitioners through arrest warrant.

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Learned Public Prosecutor opposed the bail application.

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Taking note of totality and circumstances, it is ordered that if the applicants surrender before the Court concerned on or before 24.02.2020, they shall be released on bail subject to the satisfaction of the Court concerned. Till then, execution of arrest warrant shall remain stayed.

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Accordingly, bail application stands disposed of.

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(GOVERDHAN BARDHAR),J

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Ashu/37

Om Prakash Dixit S/O Shri Nand Kishore Dixit B/C Brahmin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Om Prakash Dixit S/O Shri Nand Kishore Dixit B/C Brahmin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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