Allowed

Gajesh S/O Rambahadur v. State of Rajasthan

Rajasthan HC13 Oct 2020CRLMB/9929/2020

Case brief

AI extract

What is this about?

Held that anticipatory bail application was allowed to the petitioner under Section 438 Cr.P.C. directed to release petitioner on bail upon furnishing personal bond of Rs.50,000 with two sureties of Rs.25,000 each on specified conditions.

What did the court decide?

Anticipatory bail allowed; petitioner to furnish personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Gajesh S/O Rambahadur Vs State of Rajasthan — 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. 9929/2020

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Gajesh S/o Rambahadur, Aged About 32 Years, R/o Navdiya Hokilal, Police Station Kuthar, District Shaahjadpura, U.P.

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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. Shailender Singh Balwada, (through V.C.) For Respondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order

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13/10/2020

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The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.64/2019 registered at Police Station Malsisar, District Jhunjhunu for the offence(s) under Sections 379, 420, 467, 468, 471, 120-B IPC.

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It has been submitted on behalf of learned counsel for

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the petitioner that petitioner is not named in the FIR. Offence is triable by the Magistrate Court, main allegation in this case is against the co-accused Vikas Gauttam and Pashupati Nath, who have been released on bail under Section 439 of Cr.P.C. Coaccused Pashupati Nath and Vikas Gauttam were identified in the Identification Parade during the investigation and handwriting examination has also been made regarding Pashupati Nath. There is no such allegations against the present petitioner. Challan has already been presented in the Court. Conclusion of the trial may take time. Similarly situated co-accused Ajay Kumar has been

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(2 of 2) [CRLMB-9929/2020]

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granted benefit of pre-arrest bail on 27.02.2020 by the Coordinate Bench of this Court and present petitioner case is not different from him.

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Learned Public Prosecutor has opposed the bail application.

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Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application.

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Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Malsisar, District Jhnujhunu in F.I.R. No.64/2019 is directed that in the event of arrest of the petitioner Gajesh S/o Rambahadur, 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 shall make himself available for interrogation by a 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 from disclosing such facts to the court or any police officer, and

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

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(MANOJ KUMAR VYAS),J

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Aks/-27

Gajesh S/O Rambahadur v. State of Rajasthan

Case brief

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Gajesh S/O Rambahadur v. State of Rajasthan

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