Dismissed

Ramesh Kumar v. State of Rajasthan

Rajasthan HC17 Feb 2022CRLMB/605/2022

Case brief

AI extract

What is this about?

This is a bail application under Section 439 Cr.P.C. seeking release for two accused-petitioners charged with cheating, criminal conspiracy, and possession of counterfeit currency. The High Court dismissed the applications, holding that the gravity of charges involving fake currency made it a fit case for custody prior to framing of charges.

What did the court decide?

Bail applications dismissed; Trial Court directed to frame charges as early as possible.

Ramesh Kumar Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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….

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S.B. Criminal Misc. II Bail Application No. 2299/2022.

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Ratan Lal S/o Shri Ramchand, aged about 39 years, Resident of Bhateep Road, Khara Police Thana, Kerda, District Jalore. (Presently Lodged At District Jail, Sirohi) ----Petitioner

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Versus

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State of Rajasthan through PP ----Respondent

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Connected With

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S.B. Criminal Misc. Bail Application No. 605/2022.

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Ramesh Kumar S/o Pokararam, aged about 28 years, Resident of Paanchkaun, Police Station Bheenmal, District Jalore.

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(Presently Lodged At Dist. Jail, Sirohi). ----Petitioner

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Versus

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State Of Rajasthan through PP ----Respondent

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For Petitioner(s)	: Mr. Pritam Solanki.
For Respondent(s)	: Mr. PankajTrivedi,PP.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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17/02/2022

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The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the accused-petitioners, who are in judicial custody in connection with the First Information Report (FIR) No. 224/2020, Police Station Sirohi, District Sirohi, registered for the offences punishable under Sections 420, 489-B & 120-B of the Indian Penal Code.

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(2 of 3)

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[CRLMB-2299/2022]

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Learned counsel for the petitioners stated that the first bail application (No.16426/2022) in regard to the accused Ratan Lal was rejected by this Court vide order dated 10.01.2022 with liberty to file fresh bail application after filing of the charge-sheet; that thereafter, charge-sheet has been filed and hence, second bail application has been filed on behalf of the accused Ratan Lal. Learned counsel stated that the accused-petitioners have falsely been implicated in this case for the offences punishable under Sections 420, 489-B and 120-B of the Indian Penal Code and offence under Section 489-B is triable by the Court of Sessions. Learned counsel further stated that the accused Ratan Lal is in custody since 29.11.2021 and another accused Ramesh Kumar is in custody since 30.12.2021; that trial will take time, therefore, benefit of bail may kindly be granted to the accused-petitioners.

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Per contra, learned Public Prosecutor has vehemently and fervently opposed the bail applications of the accused-petitioners and stated that there is an offence punishable under Section 489B of the Indian Penal Code has been alleged against the accusedpetitioners; that fake currency amounting to Rs.36,000/- has been recovered from the accused-petitioners, therefore, looking to the gravity of the offence, benefit of bail may not be granted to the accused-petitioners.

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Having regard to the facts and circumstances of the case, particularly looking to the fact that the allegation of Section 489-B IPC has been levelled against the accused-petitioners, I do not find it to be a fit case for granting the benefit of bail to the

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(3 of 3) [CRLMB-2299/2022]

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accused-petitioners at this stage, at least, before framing of the charges.

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Accordingly and in view of the discussions foregoing, both the bail applications filed under Section 439 Cr.P.C. on behalf of the accused-petitioners, Ratan Lal S/o Ramchand and Ramesh Kumar S/o Pokararam are dismissed at this stage.

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However, having regard to the facts and circumstances of the case, the Trial Court is directed to pass appropriate order in regard to framing of charge, as early as possible.

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(DEVENDRA KACHHAWAHA),J

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112-113-Mohan/-

Ramesh Kumar v. State of Rajasthan

Case brief

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Ramesh Kumar v. State of Rajasthan

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