Allowed

Hari Singh Beniwal S/O Nokram B/C Jat v. State of Rajasthan

Rajasthan HC13 Feb 2020CRLMB/590/2020

Case brief

AI extract

What is this about?

Hearing a bail application for anticipatory relief under Section 438 Cr.P.C., the High Court of Rajasthan accepted the counsel's submissions regarding the petitioner's alleged innocence and lack of criminal history, ultimately granting bail without expressing an opinion on the merits of the FIR's allegations.

What did the court decide?

Anticipatory bail granted subject to personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each and specific conditions of conduct.

Hari Singh Beniwal S/O Nokram B/C Jat Vs State of… — Anticipatory Bail | 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. 590/2020

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Hari Singh Beniwal S/o Nokram B/c Jat, R/o H.no. 7 Ward No 1 Sadipurawas 3 Chn Hanumangarh

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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. N.K. Pareek For Respondent(s) : Mr. Sher Singh Mahla, P.P.

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HON'BLE MRS. JUSTICE GOVERDHAN BARDHAR

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Order

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13/02/2020

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This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 11/2019 registered at P.S. S.O.G., Rajasthan, Jaipur for the offences mentioned therein against the applicant, whereupon the investigation was commenced. Apprehending his arrest, the applicant 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 applicant as well as learned Public Prosecutor and perused the material made available on record.

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Learned counsel for the applicant submits that the applicant is a bonafide purchaser of the disputed land. He has no connection with the forged patta . Co-purcharser Bhanwar Lal has also filed complaint against seller Gyarsi Lal and Kamlesh Kumar @ Kamal

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(2 of 3) [CRLMB-590/2020]

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Kharra, who cheated the petitioner and Bhanwar Lal and obtained the amount of Rs.51,00,000/-. Main accused Gyarsi Lal and Babu Lal Yadav have been granted bail under Section 439 Cr.P.C. Learned counsel further submits that there is no criminal antecedents of the applicant. Custodial interrogation is not required.

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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/s, note of the allegations levelled against the applicant/s 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/s.

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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 applicant Hari Singh Beniwal S/o Nokram 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 his satisfaction on the following conditions:

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

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ii) That the applicant 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) That the applicant shall not leave India without prior permission of the court;

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(3 of 3) [CRLMB-590/2020]

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

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(GOVERDHAN BARDHAR),J

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POORAN CHAND GUPTA /45/75

Hari Singh Beniwal S/O Nokram B/C Jat v. State of Rajasthan

Case brief

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Hari Singh Beniwal S/O Nokram B/C Jat v. State of Rajasthan

Case brief

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