Allowed

Pradeep Agarwal Son of Shri Rameshwar Agarwal v. the State of Rajasthan

Rajasthan HC29 May 2023CRLMB/2739/2023

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application filed under Section 438 Cr.P.C. in connection with an FIR involving cheating and forgery offences. The court noted a negative final report and the absence of the accused in the FIR as key factors.

What did the court decide?

Anticipatory bail allowed subject to personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each with specific conditions.

Pradeep Agarwal Son of Shri Rameshwar Agarwal Vs the… — Cheating and Forgery | Rajasthan HC (2023)

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[2023/RJJP/012360]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2739/2023

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Pradeep Agarwal Son Of Shri Rameshwar Agarwal, Aged About 47 Years, Resident Of B-703, Rajlakshmi Apartment, Near Agrasai Bhawan, Nagar Light, Bhirand, Surat (Gujarat).

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----Petitioner

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Versus

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The State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Saurabh Bhandari For Respondent(s) : Mr. S. S. Mehla, PP

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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29/05/2023

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The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 215/2021 registered at Police Station Bijaynagar District Ajmer for the offence(s) under Sections 420, 467, 468, 471, 120B of IPC.

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Learned counsel for the accused-applicant has submitted that in the present matter, a negative final report has been filed by the Investigation Authorities on account of the fact that the dispute involved herein is of a civil nature. It has been further submitted that the accused-applicant has been falsely implicated as the complainant and the police authorities are hand in glove with one another. Lastly, learned counsel submitted that the accused-applicant has not been named in the FIR as well.

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Per contra, learned Public Prosecutor has opposed the bail application.

[2023/RJJP/012360]

[CRLMB-2739/2023]

(2 of 2)

Considering the contentions put-forth by the counsel for the parties, considering that a negative final report has been filed by the Investigation Authorities on account of the fact that the dispute involved herein is of a civil nature; that the accusedapplicant has not been named in the FIR as well and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court in inclined to 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 Bijaynagar, District Ajmer in F.I.R. No. 215/2021 is directed that in the event of arrest of the accused-applicant Pradeep Agarwal Son Of Shri Rameshwar Agarwal , 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

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

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(SAMEER JAIN),J

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Pooja /34

Pradeep Agarwal Son of Shri Rameshwar Agarwal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pradeep Agarwal Son of Shri Rameshwar Agarwal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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