Dismissed

Vishal Goyal S/O Late Shree Kishan Chand Goyal v. State of Rajasthan

Rajasthan HC20 Jul 2022CRLMB/4803/2022

Case brief

AI extract

What is this about?

In a criminal bail application under Section 438 Cr.P.C., the court dismissed the plea. The petitioner allegedly secured a coaching center lease from the complainant-landlord, though a civil eviction suit and arrears recovery case was pending. The court found the rental receipts and loan amount given by tenant shocking prima facie.

What did the court decide?

The Criminal Miscellaneous Bail Application with regards to the petitioner is dismissed.

Vishal Goyal S/O Late Shree Kishan Chand Goyal Vs State of… — Bail and Remand | 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. 4803/2022

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Vishal Goyal S/o Late Shree Kishan Chand Goyal, Aged About 48 Years, R/o 34 Kundan Nagar, Ajmer

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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

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For Petitioner(s) : Mr. Ayush Gupta For Respondent(s) : Mr. Sher Singh Mehla, PP Mr. Anil Kumar Upman

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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20/07/2022

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The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.34/2022 registered at Police Station Kotwali, Ajmer District Ajmer for the offence(s) under Sections 420, 467, 468, 471 and 120-B IPC.

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Applicant has submitted that he is a teacher and is running coaching centre in premise let out by the complainant. He has submitted that he has no criminal antecedents and that the lease agreement, drawn with consent of the parties, as well as rental receipts are genuine.

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Per contra , learned counsel for the complainant has submitted that these are merely piece of paper, prepared with the fraudulent intention. They are not legitimate, have no sanctity and are factually incorrect. It is also submitted that one civil suit for eviction is also going on, along with recovery of arrears. The

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(2 of 2)

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[CRLMB-4803/2022]

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forged documents are created with fraudulent intention under these circumstances.

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Heard the arguments advanced by both the sides, scanned the record and also considered the documents filed. The fact that a loan of Rs.50 lakhs was given by tenant to the landlord and it return the complainant- landlord filed eviction and arrears suit appears to be prima facie shocking. On consideration of the said facts, without expressing any opinion on the merits of the case, this court deems it just and proper to dismiss the Criminal Miscellaneous Bail Application.

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Accordingly, the Criminal Miscellaneous Bail Application

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is dismissed.

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(SAMEER JAIN),J

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JKP/75

Vishal Goyal S/O Late Shree Kishan Chand Goyal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vishal Goyal S/O Late Shree Kishan Chand Goyal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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