Allowed

Kuldeep Son of Shri Jaikaran v. State of Rajasthan

Rajasthan HC7 Dec 2022CRLMB/12303/2022

Case brief

AI extract

What is this about?

Application for anticipatory bail filed under Section 438 CrPC in a fraud case. Court observed civil nature and settlement, directed release on bail subject to personal bond and conditions without expressing an opinion on merits.

What did the court decide?

Petitioner enlarged on anticipatory bail subject to furnishing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each and undertaking conditions.

Kuldeep Son of Shri Jaikaran 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. 12303/2022

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Kuldeep Son Of Shri Jaikaran, Resident Of 225, Block-C, Gali No. 23, Khijuriwas, Uttari Delhi.

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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. Hem Singh, Advocate For Respondent(s) : Mr. Sanjeev Kumar Mahala, Public Prosecutor Mr. Arvind Sharma, Advocate for complainant

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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07/12/2022

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This anticipatory bail application has been filed under Section 438 of Cr.P.C. in connection with FIR No. 264/2021 registered at Police Station Chaupanki, Police District Bhiwadi, District Alwar for the offences under Sections 420, 406, 467, 468, 471 and 120-B of IPC.

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Learned counsel for the petitioner submits that it is a case of civil nature and the FIR has been lodged after an inordinate delay of three years and six months. Learned counsel further submits that the petitioner has no criminal antecedents and during investigation, both the parties have settled their dispute amicably. Hence, the anticipatory bail application of the accused-petitioner may kindly be granted.

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(2 of 3)

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[CRLMB-12303/2022]

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On the other hand, learned Public Prosecutor has

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opposed the bail application.

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Learned counsel for the complainant submits that he

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has no objection if the anticipatory bail application of the petitioner is granted.

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Heard learned counsel and perused the material

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available on record.

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Learned counsel for the petitioner has produced photostat copy of a Demand Draft of Rs.6,00,000/-, which is taken on record.

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Considering the submissions made by the learned counsel for the petitioner as well as learned counsel for the complainant 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 accused-petitioner in FIR No. 264/2021 registered at Police Station Chaupanki, Police District Bhiwadi, District Alwar by the Investigating Officer, the accused-petitioner 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 (out of which one surety shall be resident of Alwar District) 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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(3 of 3) [CRLMB-12303/2022]

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

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

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(CHANDRA KUMAR SONGARA),J

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Ashish Kumar /25

Kuldeep Son of Shri Jaikaran v. State of Rajasthan

Case brief

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Kuldeep Son of Shri Jaikaran v. State of Rajasthan

Case brief

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