Allowed

Sekh Nafis @ Firoz v. State

Rajasthan HC21 Apr 2022CRLMB/4028/2022

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Manoj Kumar GARG granted anticipatory bail under Section 438 Cr.P.C. to the petitioner, who was apprehending arrest in a cheating/criminal conspiracy case, directing his release on furnishing a personal bond and surety.

What did the court decide?

Anticipatory bail granted; petitioner to furnish personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each on specified conditions.

Sekh Nafis @ Firoz Vs State — Cheque Dishonour | Rajasthan HC (2022)

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[CRLMB-4028/2022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4028/2022

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Sekh Nafis @ Firoz S/o Moinnudin, Aged About 38 Years, R/o Chama Mohalla, In Front Of Patwar Gar, Bhawani Mandi, Dist. Jhalawad (Raj.).

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----Petitioner

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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. Vinod Kumar Sharma.
For Respondent(s)	:	Mr. Mukhtiyar Khan, P.P. Mr. S.P. Joshi.

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment / Order

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21/04/2022

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This anticipatory bail application has been filed under Section 438 Cr.P.C. by the petitioner apprehending his arrest in connection with F.I.R. No.401/2021, Police Station Phalodi, District Jodhpur, for the offences under Sections 419, 420, 406, 467, 468, 471, 120B I.P.C.

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Learned counsel for the petitioner submits that four accused persons were already arrested by the police in this case and recovery has already been made from these co-accused persons. Counsel submits that now the Police is adamant to arrest the present petitioner only on the basis of statement given by one of the arrested accused persons that he handed over the money to the present petitioner. Counsel further submits that similarly situated co-accused Annubi has already been enlarged on bail under Section 438 Cr.P.C. by a Coordinate Bench of this Court and the case of present

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[CRLMB-4028/2022]

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petitioner is not distinguishable from that of the co-accused. Thus, the petitioner may be released on anticipatory bail.

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

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Heard learned counsel for the parties and perused the impugned order.

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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 under Section 438 Cr.P.C.

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Accordingly, the bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Sekh Nafis @ Firoz S/o Moinnudin in connection with F.I.R. No.401/2021, Police Station Phalodi, District Jodhpur, the petitioner shall be released on bail; provided he 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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(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/her 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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(MANOJ KUMAR GARG),J

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41-prashant/-

Sekh Nafis @ Firoz v. State

Case brief

What is this about?

What did the court decide?

Sekh Nafis @ Firoz v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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