Allowed

Manish Kumar Prasad v. State of Rajasthan

Rajasthan HC12 Aug 2021CRLMB/4394/2021

Case brief

AI extract

What is this about?

High Court allowed interconnected bail applications filed by Manish Prasad. The Court imposed a condition requiring the petitioner to deposit dues to complainants within two months, allowing the prosecution to seek bail cancellation if failed, alongside furnishing a personal and two surety bonds.

What did the court decide?

Petitioner released on bail subject to depositing dues to complainants within two months or facing bail cancellation, and furnishing personal and two surety bonds.

Manish Kumar Prasad Vs State of Rajasthan — Bail and Remand | 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. 4218/2021

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Manish Prasad S/o Sh. Premchand Prasad, Aged About 40 Years, R/o Mirjapur, P.S. Avtar Nagar, Dist. Chapra, Saran, Bihar, Presently House No. 12, Bhakrasani, Police Thana Kudi Bhagtasani Housing Board, Jodhpur. (Presently Lodged At Central Jail, Jodhpur).

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 4394/2021 Manish Kumar Prasad S/o Sh. Premchand Prasad, Aged About 40 Years, R/o Mirjapur, P.S. Avtar Nagar, Dist. Chapra, Bihar, Presently 12, Near Sushant City Office, Village Bhakrasani, Police Thana Kudi Housing Board, Jodhpur.

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(Presently Lodged At Central Jail, Jodhpur).

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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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S.B. Criminal Miscellaneous Bail Application No. 4904/2021 Manish Kumar Prasad S/o Sh. Premchand Prasad, Aged About 40 Years, R/o Village Mirjapur, Thana Avtar Nagar, Dist. Saran Chapra. Presently Vishnoiyan Ka Bas, Sushant City, Village Bhakrasani, Kudi Bhagtasani, Jodhpur. (Presently Lodged At Central Jail, Jodhpur)

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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. C.S. Rajpurohit For Respondent(s) : Mr. Mukhtiyar Khan, PP Mr. Ankur Sharma for the complainant

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(2 of 4)

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[CRLMB-4218/2021]

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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12/08/2021

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Bail Application No. 4218/2021:-

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.88/2020, Police Station Kudi Bhagtasani, District Jodhpur, registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

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Bail Application No. 4394/2021 :-

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.358/2020, Police Station Pratap Nagar, District Jodhpur, registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

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Bail Application No. 4904/2021 :-

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.69/2020, Police Station Khanda Falsa, District Jodhpur, registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

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Bail Application No. 4218/2021

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Bail Application No. 4394/2021

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Bail Application No. 4904/2021:-

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Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant. Perused the material available on record.

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(3 of 4)

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[CRLMB-4218/2021]

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Learned counsel for the petitioner stated that offences are triable by Magistrate; charge-sheet has been filed; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

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Per contra, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have fervently and vehemently opposed the bail applications and stated that earlier total 66 other cases have been registered against the accusedpetitioner; most of the cases are of similar nature; and the accused-petitioner is a habitual offender, therefore, benefit of bail shall not be granted to the accused-petitioner.

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In reply, learned counsel for the petitioner stated that in most of the cases benefit of bail has already been granted to the petitioner and in some of the cases complaint under Section 138 of Negotiable Instruments Act has been filed and the present FIRs have been filed under Sections 420 and 406 IPC by the complainants. He further stated that the petitioner may be granted conditional bail and for the purpose, the petitioner is ready to deposit the amount towards complainants within a period of two months and in case, if he fails to do so, the prosecution shall be free to file application for cancellation of bail.

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Having regard to the facts and circumstances of the case, particularly to the facts that offences are triable by First Class Magistrate; charge-sheet has been filed; if the learned counsel for the petitioner undertakes that the accused-petitioner shall deposits due amount to be paid to the complainants within a period of two months from today, as mentioned above; and that

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(4 of 4)

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[CRLMB-4218/2021]

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the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioner deserve to be accepted subject to the special condition that if the due amount towards complainants is not deposited by the petitioner within the stipulated period of two months from today, the prosecution shall be at liberty to file application seeking cancellation of present bail.

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Consequently, the bail applications are allowed. It is ordered that the accused-petitioner Manish Prasad S/o Premchand Prasad, arrested in connection with FIR No.88/2020, Police Station Kudi Bhagtasani, District Jodhpur (Bail Application No. 4218/2021), FIR No.358/2020, Police Station Pratap Nagar, District Jodhpur (Bail Application No. 4394/2021) and FIR No.69/2020, Police Station Khanda Falsa, District Jodhpur (Bail Application No. 4904/2021) shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs. 50,000/- (one surety shall be a local surety) each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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It is made clear that if the due amount is not deposited by the accused-petitioner within the stipulated period of two months from today, the prosecution shall be at liberty to file application seeking cancellation of bail.

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(DEVENDRA KACHHAWAHA),J

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2-4-Rashi/-

Manish Kumar Prasad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manish Kumar Prasad v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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