Allowed

Kishanlal Gupta @ Kishan Chand S/O Gopal Chand v. State of Rajasthan

Rajasthan HC20 Jul 2021CRLMB/8786/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an anticipatory bail application filed by a retired Gram Vikas Adhikari under Section 438 Cr.P.C. The court granted bail subject to executing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each on standard conditions.

What did the court decide?

Anticipatory bail granted with a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each on conditions of availability, not leaving India, and not tampering with evidence.

Kishanlal Gupta @ Kishan Chand S/O Gopal Chand Vs State of… — 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. 8786/2021

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Kishanlal Gupta @ Kishan Chand S/o Gopal Chand, Retired Gram Vikas Adhikari and the then Secretary, Village Panchayat Sunhera, Resident of Telipada Mohalla, Deeg, Police Station Deeg, District Bharatpur (Raj)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s) : Mr. N.C. Sharma For Respondent(s) : Mr. Ramesh Choudhary, Public Prosecutor Mr. Dharmendra Choudhary

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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20/07/2021

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This anticipatory bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.324/2014, registered at Police Station, Kaman, District Bharatpur for the offences under Sections 467, 468, 471, 420 & 120-B of IPC.

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Learned counsel for the petitioner submits that the complainant lodged the FIR after one year and there are Civil and Revenue cases pending before different courts between the complainant and Khursheedan. After investigation, the Police submitted F.R. bearing No.206/2015 and after filing the F.R., the complainant submitted the protest petition against the Negative Final Report and after hearing, the learned court below, reopened the case for further investigation. Counsel further submits that the

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(2 of 3) [CRLMB-8786/2021]

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petitioner is a retired person and acted in his official capacity. Counsel also submits that the petitioner is a senior citizen aged about 64 years and there is no criminal antecedents against the petitioner. It is further submitted that the anticipatory bail application of co-accused Khaimsingh has already been granted by the coordinate bench of this court vide order dated 17.05.2021. Hence, the anticipatory bail application of the petitioner may be granted.

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On the other hand, learned Public Prosecutor and learned counsel for the complainant have strongly opposed the bail application.

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Taking into consideration the submissions made by the learned counsel for the petitioner and 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 enlarge the petitioner on anticipatory bail.

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Accordingly, this anticipatory bail application is allowed and it is ordered that in case of arrest of the petitioner Kishanlal Gupta @ Kishan Chand S/o Gopal Chand in FIR No.324/2014, registered at Police Station, Kaman, District Bharatpur by the investigation officer, he shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs 25,000/- each to the satisfaction of concerned SHO/IO on the following conditions:

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i) That the petitioner will make himself available for the investigation as and when required by the investigation officer.

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ii) That the petitioner will not leave India without permission of the Court.

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(3 of 3)

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[CRLMB-8786/2021]

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iii) That the petitioner will not temper with the evidence or threaten or pressurize the witnesses in the case.

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(CHANDRA KUMAR SONGARA),J

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Satyendra/13

Kishanlal Gupta @ Kishan Chand S/O Gopal Chand v. State of Rajasthan

Case brief

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Kishanlal Gupta @ Kishan Chand S/O Gopal Chand v. State of Rajasthan

Case brief

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What did the court decide?

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