Allowed

Gopal v. State

Rajasthan HC10 Mar 2021CRLMB/1706/2021

Case brief

AI extract

What is this about?

This High Court order grants bail to the petitioner under Section 439 Cr.P.C. in a theft and criminal breach of trust case, noting that co-accused have been released and charges remain unframed, despite opposition citing pending criminal cases. The petitioner is required to execute a personal bond with sureties.

What did the court decide?

Petitioner released on bail with personal bond of Rs.1,00,000/- and two sound and solvent sureties of Rs.50,000/each.

Gopal Vs State — Cheating and Forgery | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1706/2021

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Gopal S/o Boduram, Aged About 31 Years, R/o Samalpura, Tehsil Sambhar, Dist. Jaipur. (At Present Lodged In Sub Jail, Sambhar, Dist. Nagaur).

----Petitioner

Versus

State, Through PP

	--	--Respondent
For Petitioner(s)	: Mr. S.S. Badgujar
For Respondent(s)	: Mr. Vikram Sharma,PP

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HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Order

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10/03/2021

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Before this Court is an application under Section 439 Cr.P.C. preferred on behalf of petitioner, who has been arrested in connection with FIR No.172/2019 registered at Police Station Nawa, District Nagaur for the offences punishable under Sections 379 & 411 IPC.

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Learned counsel for the petitioner submits that there is no evidence available on record against the petitioner; co-accused Om Prakash @ Oma S/o Shri Ram Lal, Raees Khan S/o Sh. Pathan Khan and Mukhtiyar Ahmed S/o Shri Chand Mohammed have been enlarged on bail by the Co-ordinate Benches of this Court on 18.05.2020 in S.B. Criminal Misc. Bail Application No.4899/2020, on 07.11.2019 in S.B. Criminal Misc. Bail Application No.13605/2019 and on 24.10.2019 in S.B. Criminal Misc. Bail Application No.13088/2019, respectively and case of the present petitioner is not distinguishable from case of the co-

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(2 of 2)

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[CRLMB-1706/2021]

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accused, who have already been enlarged on bail; petitioner is behind the bar since 29.11.2019; after rejection of first bail application, no progress has been made in the trial and charges are yet to be framed against the petitioner. Learned counsel for the petitioner submits that petitioner deserves to be enlarged on bail.

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Learned Public Prosecutor has opposed the bail application. As per his contentions, 34 criminal cases are pending against the petitioner.

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Having considered the rival contentions of the learned counsel for the parties and looking to the facts and circumstances of this case, particularly, the evidence available on record against the petitioner, without commenting on merits, this Court deems it just and proper to enlarge the accused-petitioner on bail under Section 439 Cr.P.C.

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Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that the petitioner Gopal S/o Boduram, shall be released on bail in connection with FIR No.172/2019 registered at Police Station Nawa, District Nagaur, provided he executes a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh only) with two sound and solvent sureties of Rs.50,000/each, out of which one should be of family member of the petitioner, to the satisfaction of learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so.

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(RAMESHWAR VYAS),J

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3-T.Singh/-

Gopal v. State

Case brief

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Gopal v. State

Case brief

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