Allowed

Deepak Singh v. State of Rajasthan

Rajasthan HC17 Oct 2023CRLMB/3016/2023

Case brief

AI extract

What is this about?

Bail application allowed under Section 439 Cr.P.C. for the petitioner arrested in connection with a forgery and cheating case. Court considered magisterial triability, no recovery due, and preenforcement bail issuance imposed bond and surety requirements.

What did the court decide?

Petitioner to be released on bail by furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

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

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[2023:RJ-JD:35397]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3016/2023

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Deepak Singh S/o Sh. Ramesh Bhai, Aged About 30 Years, R/o 10 Fayardel House, Swastic Cross Road, Basant Vihar Navrangpura, H.no. 32, Jethalal Ki Chal, Barrampura, P.s. Kagdapeeth. At Present Block No. 3, House No. 75, Sheri Garib Awas Yojana, Manta Gon Vasna, Ahmedabad (Guj.). (At Present Lodged At Sub-Jail, 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. Firoz Khan
For Respondent(s)	: Mr. Arun Kumar, P.P.
	Mr. PukhrajGehlot

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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17/10/2023

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This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.274/2020, registered at Police Station Kushalgarh, District Banswara, for offences under Sections 420, 409, 467, 468 & 120-B of IPC.

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Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

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Learned counsel for the petitioner submitted that the offences alleged to have been committed by the petitioner are triable by Magistrate. It was submitted that the petitioner is in judicial custody since 22.12.2022 and it was urged that no recovery is due to be made from the present petitioner. The trial

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of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

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Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application and jointly submitted that looking to the seriousness of the accusation against him, he does not deserve to be enlarged on bail. However, they were not in a position to refute the fact that challan against him has already been filed and there is no recovery due to be made from him.

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Having considered the rival submissions, facts and circumstances of the case, so also the fact that offences alleged to have been committed by the petitioner are triable by Magistrate; challan against him has already been filed and no recovery is due to be made from him, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

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Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Deepak Singh S/o Sh. Ramesh Bhai arrested in connection with F.I.R. No.274/2020, registered at Police Station Kushalgarh, District Banswara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

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(KULDEEP MATHUR),J

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6-Samvedana/-

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[2023:RJ-JD:35397] (3 of 3) [CRLMB-3016/2023]

Deepak Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deepak Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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