Petitioner Chandra Mohan @ Mintu sought bail under Section 439 Cr.P.C. in a cheating and forgery case. The Court granted bail conditionally upon execution of a bond with two sureties, noting the case will take a long time to conclude.
Petitioner granted bail on personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.
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[2023:RJ-JD:39578]
[CRLMB-14005/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 14005/2023
Chandra Mohan @ Mintu S/o Late Krishan Lal Bhatiya Khatri, Aged About 40 Years, R/o 6-O-27 Jawaharnagar Sri Gannganagar At Present 44 L-Block Sri Ganganagar At Present Lodged In Central Jail Sri Ganganagar
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. MS Bhati, PP Mr. Kaushal Gautam
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
20/11/2023
The petitioner has been arrested in connection with FIR No.195/2022 of Police Station Kotwali, Sri Ganganagar for the offence punishable under Sections 420, 406, 467, 468, 471, 120B IPC. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed as not pressed on 05.10.2023 with liberty to file afresh after filing of the challan.
Counsel for the petitioner submits that challan of the case has already been filed and there is no other criminal antecedents against the petitioner. The accused-petitioner is in judicial custody
[CRLMB-14005/2023]
[2023:RJ-JD:39578]
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and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor and learned counsel for respondent No.2 have vehemently opposed the second bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Chandra Mohan @ Mintu S/o Late Krishan Lal Bhatiya Khatri shall be released on bail in connection with FIR No.195/2022 of Police Station Kotwali, Sri Ganganagar provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
153-MS/-
2 issues framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. in a second application despite the prior dismissal of his first application.
Whether the file of the challan and lack of criminal antecedents support the grant of bail.
1 provisions across 1 enactments
Chandra Mohan @ Mintu S/o Late Krishan Lal Bhatiya Khatri
State Of Rajasthan
Devi Dhunna S/o Mohan Dhunna
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
