High Court at Jaipur dismissed two connected bail applications filed under Section 438 CrPC. The petitioners were accused of forgery, fraud, and misusing identity documents in multiple locations. The Court denied bail due the presence of four separate FIRs lodged against the parties.
Anticipatory bail applications dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 5498/2020
Umesh Sharma S/o Shri Shyam Sunder Sharma, Aged About 45 Years, R/o E-5 Durga Bhawan Gautam Marg Vaishali Nagar Jaipur Raj.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 3590/2021
Manish Jain S/o Shanti Kumar Jain, Aged About 50 Years, Resident Of C-2, Bapu Nagar, Police Station Gandhi Nagar, Jaipur (Rajasthan). Presently Residing At 540/1/a-42, X-7 Mukhya Sadak, Block-4, Rajaji Nagar, Bangalore, Police Station Rajaji Nagar, Karnataka.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Saransh Saini Mr. Bharat Yadav For Respondent(s) : Mr. Ramesh Choudhary, PP Mr. Ghan Shaym Singh Rathore for complainant
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
05/10/2021
The bail application has been filed under Section 438 CrPC. in connection with FIR No.374/2019 registered at Police Station Vaishali Nagar (West), Jaipur for the offences under Section 420, 467, 468, 471, 379 & 120-B IPC whereupon the investigation was
(2 of 2)
[CRLMB-5498/2020]
commenced. Apprehending their arrest, the petitioners moved the bail application before the court below, which was dismissed. Hence, the present bail application has been filed.
The FIR which has been registered against the petitioners under Sections 420, 467, 468, 471, 379 & 120-B IPC wherein the allegation against them are of having committed forgery and preparing fraudulent company and having used I.D. of the complainant for getting the TIN number issued at Andhra Pradesh opening a bank account therein.
Taking into consideration that there are as many as four FIRs lodged at different places, I am not inclined to grant anticipatory bail to the petitioners.
These criminal misc. bail applications are accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J
SAURABH/1-2
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners facing accusations of forgery and fraud across multiple FIRs.
Whether the existence of multiple FIRs at different places warrants denial of anticipatory bail.
1 provisions across 1 enactments
Umesh Sharma, Manish Jain
State Of Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
