Allowed

Kanhaiya Singh Son of Shri Babulal v. State of Rajasthan

Rajasthan HC23 Mar 2022CRLMB/1408/2022

Case brief

AI extract

What is this about?

Single judge allowed anticipatory bail to the petitioner in an IPC cheating and forgery case. The court noted the petitioner has joined the investigation and submitted documents, granting bail upon furnishing a bond and undertaking conditions.

What did the court decide?

Released on anticipatory bail upon furnishing personal bond in sum of Rs.50,000 together with two sureties in sum of Rs.25,000 each.

Kanhaiya Singh Son of Shri Babulal Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1408/2022

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Kanhaiya Singh Son Of Shri Babulal, Resident Of Near By Jhorwali Mata Ke Mandir, Police Station Kotwali, Tehsil Dholpur, District Dholpur (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. Anil Jain with Ms. Garima Yadav For Respondent(s) : Mr. Prashant Sharma, Public Prosecutor Mr. Indrajeet Chaudhary for complainant

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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23/03/2022

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This anticipatory bail application has been filed under Section 438 Cr.P.C in connection with FIR No.571/2021 registered at Police Station Kotwali, District Dholpur for the offences under Sections 420, 467, 468, 470 & 471 of IPC.

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Learned counsel for the petitioner submits that the petitioner is an agriculturist. The petitioner and the complainant are close relatives. On 19.08.2021, the complainant filed a private complaint regarding an incident alleged to have taken place onwards 15.04.2021. Counsel further submits that the FIR has been lodged after an inordinate delay and the petitioner and father of the complainant are real brothers. In this case, there is a dispute regarding ancestral property between the parties and a

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(2 of 3)

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[CRLMB-1408/2022]

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civil suit is also pending in the Court for its adjudication. Counsel also submits that as per rejection bail order, the petitioner has no criminal antecedents. The petitioner has also been given interim protection from arrest by this Court vide order dated 28.02.2022 and he has joined the investigation. Hence, the petitioner may kindly be released on anticipatory bail.

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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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Heard. Perused the material available on the record.

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As per factual report dated 20.03.2022, the petitioner

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has joined the investigation and also submitted his original Ration Card and Aadhar Cards of both of his daughters. Therefore, looking to the above facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner 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 Kanhaiya Singh Son Of Shri Babulal in the aforesaid FIR 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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(3 of 3) [CRLMB-1408/2022]

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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 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/48

Kanhaiya Singh Son of Shri Babulal v. State of Rajasthan

Case brief

What is this about?

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Kanhaiya Singh Son of Shri Babulal v. State of Rajasthan

Case brief

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What did the court decide?

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