Allowed

Smt. Naziya Bano D/O Abdul Rais W/O Shri Abhishek Khadelwal v. State of Rajasthan

Rajasthan HC4 Dec 2023CRLMB/14777/2023

Case brief

AI extract

What is this about?

Single judge of Rajasthan High Court allowed Smt. Naziya Bano's second bail application under Sec. 439 Cr.P.C., citing her gender, lack of employment with the complainant, no criminal antecedents, and custody duration, without assessing merits.

What did the court decide?

Petitioner released on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Smt. Naziya Bano D/O Abdul Rais W/O Shri… — Contract and Commercial Disputes | Rajasthan HC (2023)

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[2023:RJ-JP:37708]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Second Bail Application No. 14777/2023 Smt. Naziya Bano D/o Abdul Rais W/o Shri Abhishek Khadelwal, Aged About 35 Years, R/o Ward No. 10, Gandhipura Mohalla Lakheri, P.s. Lakheri, District Bundi, Present Residence A 98, Shiv Nagar, 21 South, Nivaru Road, Ps Jothwara, Present Address D 83 Shriram Nagar, Palak Paradise, Ps Jothwara, Jaipur (At Present Accused In Judicial Custody At Central Jail, Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Gaurav Jain S/o Shri Premchand Jain, Aged About 34 Years, R/o 100, Mahaveer Nagar-II, Maharani Farm, Durgapura, Jaipur.

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----Respondents

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For Petitioner(s)	: Mr.	Mohit Khandelwal
	Mr. Mr.	Aditya Gupta Arihant
For Respondent(s)	: Mr.	S.K. Mahala, PP
For Complainant(s)	: Mr. Mr.	Ankit Popli Pratik Jain

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

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04/12/2023

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This second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.334/2023 registered at Police Station Shipra Path, District Jaipur City (South) for the offences under Sections 408, 420, 467, 468, 471 & 120-B of IPC. Later on, the police filed the charge-sheet in this matter for the offences under Sections 408, 420, 467, 468, 471 & 120-B of IPC.

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First bail application filed on behalf of the petitioner was dismissed as withdrawn with liberty to file fresh bail application after submission of outcome of investigation. Now, charge-sheet has been filed and thus, this second bail application has been preferred.

[2023:RJ-JP:37708]

[CRLMB-14777/2023]

(2 of 3)

It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submit that husband of petitioner was accountant in the complainant's company and some dispute arose between complainant and her husband on account of transfer of shares for which separate FIR has been lodged by the sister company of the complainant's company. It is further submitted that in that FIR, parties have entered into compromise and a negative final report has been submitted before the court concerned. He further submits that in present case, allegation against the petitioner is that amount of Rs.15 lakh was transferred by husband of the petitioner in the account of petitioner from the company of complainant. It is further submitted that petitioner was never employed in the complainant's company. It is further submitted that alleged offences are triable by Magistrate. Petitioner is in custody since 24.07.2023 and her further custody would not serve any fruitful purpose. It is further submitted that except the present case, no other case is pending against the petitioner. Charge-sheet has been filed and trial is likely to take time. Counsel further relied upon the judgment of Hon'ble Supreme Court in the matter of Ashok Dhingra Vs. NCT of Delhi, AIR 2000 SC 3537.

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Learned Public Prosecutor assisted by learned counsel for the complainant opposes the bail application and submits that petitioner was the part of conspiracy and she received the amount in her bank account from the company of the complainant.

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I have considered the contentions.

[2023:RJ-JP:37708]

[CRLMB-14777/2023]

(3 of 3)

Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that petitioner is a female, she has never been employed in the complainant's company, charge-sheet has been filed and absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner- Smt. Naziya Bano D/o Abdul Rais W/o Shri Abhishek Khadelwal, arrested in connection with FIR No.334/2023 registered at Police Station Shipra Path, District Jaipur City (South) shall be released on bail provided she furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that she shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /11

Smt. Naziya Bano D/O Abdul Rais W/O Shri Abhishek Khadelwal v. State of Rajasthan

Case brief

What is this about?

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Smt. Naziya Bano D/O Abdul Rais W/O Shri Abhishek Khadelwal v. State of Rajasthan

Case brief

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What did the court decide?

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