Partly allowed

Pradeep Somani v. State

Rajasthan HC4 Nov 2022CRLMB/1521/2022

Case brief

AI extract

What is this about?

Single judge High Court rejected anticipatory bail for petitioner no.1 (Pradeep Somani) in IPC cheating and forgery case but granted it to petitioner no.2 (Ranjana Somani), directing her release on bond with sureties if arrested.

What did the court decide?

Bail application rejected for petitioner no.1; allowed for petitioner no.2, directed to be released on personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Pradeep Somani Vs State — Cheque Dishonour | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail Application No. 1521/2022

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Pradeep Somani S/o Sh. Suresh Chandra Somani, Aged About 49 Years.

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Smt. Ranjana Somani W/o Sh. Pradeep Somani, Aged About 48 Years

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Both R/o 602 Cosmos, B Wing, Valley Of Flowers, Thakur Village, Kandiwali, East Mumbai, Maharashtra.

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----Petitioners

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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. Tribhuvan Gupta For Respondent(s) : Mr. Gyan Jyoti, for the complainant Mr. Mukesh Trivedi, Public Prosecutor

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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04/11/2022

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This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with FIR No. 0076/2021, Police Station Pratapnagar, District Bhilwara for the offences under Sections 406, 420, 467, 468 and 120-B of IPC.

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Heard the learned counsel for the parties and perused the material available on record.

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After hearing learned counsel for the petitioner, I am not inclined to grant anticipatory bail to the petitioner no.1 Pradeep Somani, hence this bail application qua petitioner no.1 is rejected.

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However, the petitioner no.1 is permitted to surrender before the concerned trial court on or before 17.11.2022 and file

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(2 of 3)

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[CRLMB-1521/2022]

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an application for bail and it is expected from the concerned trial court that the bail application will be decided on the same day.

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Till 17.11.2022, the petitioner no.1 shall not be

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arrested in connection with FIR No. 0076/2021, Police Station Pratapnagar, District Bhilwara.

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So far as petitioner no.2 is concerned, learned counsel for the petitioner submits that the petitioner no.2 is a lady and no specific averment has been made against her. Therefore, no useful purpose would be served by sending the petitioner no.2 behind the bars for indefinite time. Therefore, the petitioner no.2 may be released on anticipatory bail.

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Learned Public Prosecutor as also learned counsel for the complainant have vehemently opposed the prayer for anticipatory bail.

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Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner no.2 under Section 438 Cr.P.C.

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Accordingly, the bail application qua petitioner no.2 is allowed and it is directed that in the event of arrest of petitioner no.2 Smt. Ranjana Somani W/o Shri Pradeep Somani in connection with FIR No. 0076/2021, Police Station Pratapnagar, District Bhilwara, she shall be released on bail; provided she furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

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(3 of 3)

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[CRLMB-1521/2022]

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(i). that the petitioner no.2 shall make herself available for interrogation by a police officer as and when required;

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(ii). that the petitioner no.2 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 no.2 shall not leave India without

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previous permission of the court.

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(MANOJ KUMAR GARG),J

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124-Mak/-

Pradeep Somani v. State

Case brief

What is this about?

What did the court decide?

Pradeep Somani v. State

Case brief

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