Allowed

Nisar Mohammed S/O Mohammed Khan v. State of Rajasthan

Rajasthan HC22 Jul 2022CRLMB/11224/2022

Case brief

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What is this about?

High Court allowed anticipatory bail application under Section 438 Cr.P.C. for petitioner falsely implicated in cheating case linked to a civil dispute, directing police to release him on personal bond if arrested.

What did the court decide?

Anticipatory bail application allowed; petitioner to be released on personal bond of Rs. 50,000/ with two sureties of Rs. 25,000/- each if arrested.

Nisar Mohammed S/O Mohammed Khan Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 11224/2022

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Nisar Mohammed S/o Mohammed Khan, Aged About 50 Years, R/o Jahajpur Thana Jahajpur District Bhilwara Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent For Petitioner(s) : Mr. Narendra Prasad Meena for Mr. Abdul Rahim Khan For Respondent(s) : Mr. MS Saini, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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22/07/2022

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Apprehending his arrest in connection with FIR No. 113/2022 registered at Police Station Kotwali Bundi, District Bundi for the offence(s) under Sections 420, 406 & 120B IPC, the petitioner has preferred this anticipatory bail application under Section 438 Cr.P.C.

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Learned counsel for the accused-petitioner submits that the present accused-petitioner has nothing to do with the alleged offence. He has falsely been implicated in this case. He submits that there is a dispute of civil nature in between the parties. A hypothecation agreement dated 10.02.2015 got executed in respect of the vehicle. A false case has been lodged after seven years of the loan agreement with a view to mount pressure upon him. His custodial interrogation would not be required. Trial is likely to take long time to conclude.

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(2 of 2)

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[CRLMB-11224/2022]

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Learned Public Prosecutor has vehemently opposed the bail application.

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Having considered the overall allegations leveled in the FIR, contentions made by the counsel for the accused-petitioner and taking into account the totality of facts and circumstances of the case, this court deems it just and proper to allow the anticipatory bail application.

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Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Kotwali Bundi, District Bundi in F.I.R. No. 113/2022 is directed that in the event of arrest of the petitioner- Nisar Mohammed S/o Mohammed Khan, he shall be released on bail, 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 S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

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(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

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(ii) that the petitioner 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 from disclosing such facts to the court or any police officer, and

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(iii) that the petitioner shall not leave India without previous permission of the court.

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(FARJAND ALI),J

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SAHIL SONI /127

Nisar Mohammed S/O Mohammed Khan v. State of Rajasthan

Case brief

What is this about?

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Nisar Mohammed S/O Mohammed Khan v. State of Rajasthan

Case brief

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What did the court decide?

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