Allowed

Aman Kumar S/O Padamchand v. State of Rajasthan

Rajasthan HC9 Dec 2021CRLMB/10278/2021

Case brief

AI extract

What is this about?

The High Court at Jaipur considered an anticipatory bail application filed under Section 438 Cr.P.C. The court granted bail to a nursing student falsely implicated in food safety-related offences, directing the release of the petitioner upon furnishing a personal bond and two sureties subject to standard conditions.

What did the court decide?

Petitioner granted anticipatory bail upon furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Aman Kumar S/O Padamchand Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10278/2021

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Aman Kumar S/o Padamchand, Aged About 21 Years, R/o Ward No. 2 Jamat Newai Tehsil Newai Dist. Tonk Raj.

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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. Praveen Kumar Jain For Respondent(s) : Mr. Laxman Meena, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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09/12/2021

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This bail application has been filed by the petitioner under Section 438 Cr.P.C. in connection with FIR No. 181/2021 registered at P.S. Newai Distt. Tonk for the offences mentioned therein against the petitioner, whereupon the investigation was commenced. Apprehending his arrest, the petitioner 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 petitioner, learned Public Prosecutor and perused the material made available on record.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case as he has nothing to do with the alleged incident. The petitioner is a student of Seedling School of Nursing, Jaipur National University. Counsel further submits that the Food Safety Officer, Tonk submitted a complaint before the A.D.M., Tonk against the father of the

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(2 of 3)

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[CRLMB-10278/2021]

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petitioner namely; Padam Chand. Except offence under Section 420 IPC, all the offences are bailable. Neither any custodial interrogation of the petitioner is at all required nor any recovery has to be effected from the possession of the petitioner. Hence, the petitioner be enlarged on bail under Section 438 Cr.P.C.

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On the other hand, learned Public Prosecutor has opposed the anticipatory bail application.

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Taking into consideration the submissions advanced by the learned counsel for petitioner, note of the allegations levelled against the petitioner 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 petitioner.

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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 petitioner Aman Kumar S/o Padamchand 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 the satisfaction of the SHO/IO of the concerned Police Station on the following conditions:

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i) That the petitioner/s shall make himself/herself/themselves available for interrogation before the police officer, as and when required;

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ii) That the petitioner/s 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/her/them from disclosing such facts to the court or to any police officer;

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iii) That the petitioner/s shall not leave India without previous permission of the court;

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(3 of 3)

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[CRLMB-10278/2021]

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iv) That the petitioner/s shall not commit any offence similar to the offence of which he/she/they is/are accused or suspected.

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(MADAN GOPAL VYAS),J

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Sharma NK/16

Aman Kumar S/O Padamchand v. State of Rajasthan

Case brief

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Aman Kumar S/O Padamchand v. State of Rajasthan

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