Allowed

Lalsingh v. State of Rajasthan

Rajasthan HC5 Oct 2023CRLMB/2175/2023

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioner accused under the Essential Commodities Act for alleged embezzlement of ration. The Court found that a license exists and the allegations warrant a report submission rather than immediate incarceration.

What did the court decide?

Anticipatory bail allowed on furnishing a personal bond of Rs.50,000/- with two sureties in Rs.25,000/- each.

Lalsingh Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2023)

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[2023:RJ-JD:33070]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 2175/2023

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Lalsingh S/o Dola, Aged About 40 Years, R/o Samariya, Police Thana Sadar, Banswara, Dist. Banswara.

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----Petitioner

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Versus

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State Of Rajasthan, through PP

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----Respondent

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For Petitioner(s)	: Mr. Parikshit Nayak
For Respondent(s)	: Mr. Mahipal Bishnoi,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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05/10/2023

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The jurisdiction of this Court has been invoked by way of filing an application under Section 438 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

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S.No.	Particulars	of the Case
1.	FIR Number	369/2022
2.	Concerned Police Station	Sadar Banswara
3.	District	Banswara
4.	Offences alleged in the FIR	Section 3/7 of the Essential Commodities Act
5.	Offences added,if any	--
6.	Date of passing of impugn order	ed 03.02.2023

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Having apprehension of being arrested in the aforementioned matter, the petitioner has prayed for anticipatory bail on the ground that no case for the alleged offences is made out

(2 of 3)

[2023:RJ-JD:33070]

[CRLMB-2175/2023]

against him incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of anticipatory bail to the accused-petitioner.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application.

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In view of the fact that a license was issued in favour of the petitioner by the Supply Department and there is only the allegation of defalcation and embezzlement in the ration for which the petitioner is ready to submit a detailed report regarding misappropriation, this Court deems it just and proper to allow his anticipatory bail application.

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Accordingly, the anticipatory bail application under Section 438 Cr.P.C. is allowed. The S.H.O/I.O/Arresting Officer, Police Station Sadar Banswara, District Banswara in F.I.R. No.369/2022 is directed that in the event of arrest of the petitioner, 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 petitioner shall make himself available for interrogation by a police officer as and when required;

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(ii) that the petitioner 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 the Court or any police officer, and

(3 of 3)

[2023:RJ-JD:33070]

[CRLMB-2175/2023]

(iii) that the petitioner shall not leave India without previous permission of the Court.

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(FARJAND ALI),J

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176-Ashutosh/-

Lalsingh v. State of Rajasthan

Case brief

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Lalsingh v. State of Rajasthan

Case brief

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