Allowed

Prakash Chand Gurjar S/O Mansingh Gurjar v. State of Rajasthan

Rajasthan HC13 Oct 2022CRLMB/95/2022

Case brief

AI extract

What is this about?

This court allowed an anticipatory bail application filed by the petitioner under Section 438 Cr.P.C. regarding offences of cheating and criminal breach of trust. The court treated the interim protection granted earlier as absolute, noting the civil flavour of the dispute and the petitioner's compliance with investigation conditions.

What did the court decide?

Allowed the anticipatory bail application; directed Police to release the accused on bail upon arrest if he furnishes a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Prakash Chand Gurjar S/O Mansingh Gurjar Vs State of… — Cheque Dishonour | 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. 95/2022

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Prakash Chand Gurjar S/o Mansingh Gurjar, R/o Ramnagar Jamdoli Tehsil Raini Dist. Alwar

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent For Petitioner(s) : Mr. Umesh Vyas For State(s) : Mr. Sher Singh Mehla, PP For Complainant : Mr. Mohal Pal Meena

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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13/10/2022

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The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.112/2021 registered at Police Station Raini, District Alwar for the offence(s) under Section 420, 406 of IPC.

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Learned counsel for the accused-applicant has submitted that vide order dated 23.06.2022, interim protection from arrest was granted to the applicant subject to the condition that the applicant joins investigation. In compliance of the same, the applicant joined investigation as directed. Learned counsel further submitted that the matter is triable by Magistrate and the lis in question pertains to dispute regarding financial transactions and has a civil flavour annexed to it.

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(2 of 3)

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[CRLMB-95/2022]

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Per contra, learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application. Learned counsel for the complainant submitted that cognizance was taken under Section 138 Cr.P.C. He further submitted that one case of similar nature is also registered against the accusedapplicant.

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Considering the contentions put-forth by the counsel for the parties, considering that the matter is triable by Magistrate; that matter is of recovery having prima facie civil flavour to it and considering the fact that interim order was granted on 23.06.2022 and that accused-applicant complied with the conditional interim order by joining investigation, this court deems it appropriate to make the order dated 23.06.2022 absolute and allow the anticipatory bail application.

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Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Raini, in F.I.R. No.112/2021 is directed that in the event of arrest of the accusedapplicant Prakash Chand Gurjar S/o Mansingh Gurjar , he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) that the applicant 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

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(3 of 3)

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[CRLMB-95/2022]

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the court or any police officer, and

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(iii) that the applicant shall not leave India without previous permission of the court.

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(SAMEER JAIN),J

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JKP/34

Prakash Chand Gurjar S/O Mansingh Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prakash Chand Gurjar S/O Mansingh Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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