Allowed

Gourang Thakur v. State of Rajasthan

Rajasthan HC19 Jul 2023CRLMB/4825/2023

Case brief

AI extract

What is this about?

High Court granted bail to seven accused petitioners in connection with an FIR for cheating, forgery, and income tax offences. The court relied on the fact that offences are triable by a First Class Magistrate and co-accused had already been granted bail.

What did the court decide?

Petitioners to be released on bail on execution of a personal bond in Rs. 1,00,000/- each with two sound and solvent sureties of Rs.50,000/- to the satisfaction of the learned trial court.

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

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[2023:RJ-JD:22433]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 8309/2023

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Karan Guvlani S/o Shri Tola Ram Guvlani, Aged About 20 Years, R/ o Dhobi Talai, Gali No. 09, Police Station Kotgate, District Bikaner. (At Present Lodged In Central Jail, Jodhpur)

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 1793/2023

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Hardik Bharatbhai Hirani S/o Bharat Bhai Devji Bhai Hirani, Aged About 28 Years, R/o Reyani Nagar, Dora Kotada Road, Gondal, P.s. Taluka Gondal, District Rajkot (Gujarat) (Presently Lodged In Central Jail, Jodhpur)

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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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S.B. Criminal Miscellaneous Bail Application No. 4460/2023

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Hardik Bharat Bhai Hirani S/o Shri Bharat Bhai Devi Ji Bhai Hinrani, Aged About 28 Years, R/o House Of Mansukh Bhai Tariya Rayani Nagar Vora Kotda Road Golden Ps Taluka Gondal Dist. Rajkot Gujrat (At Present Lodged At Central Jail Jodhpur)

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Deependra Singh Jhala S/o Shri Praveen Singh Jhala, Aged About 30 Years, R/o C-82 Maruti Park Near Karnawati Society Opposite Uma Hospital Nikol Road Nava Naroda Ps Krishna Nagar Dist. Ahmadabad (Gujarat) (At Present Lodged At Central Jail Jodhpur)

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Mayur Bhai Patel S/o Shri Kanti Bhai Patel, Aged About 31 Years, R/o Vora Kotda Road Aasopalav Park Gali No. 1 Gondal Ps Gondal Dist. Rajkot Gujarat (At Present Lodged At Central Jail Jodhpur)

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Vinod Kumar Shah S/o Shri Muktar Shah, Aged About 43 Years, R/o B-32 Khodiyar Park Ambika Nagar Odhav Ps Odhav Ahmadabad Gujarat (At Present Lodged At Central Jail Jodhpur)

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 4825/2023

(2 of 5)

[2023:RJ-JD:22433]

[CRLMB-8309/2023]

Gourang Thakur S/o Sh. Narendra Bhai Thakur, Aged About 45 Years, 11-12, Mangal Dham, Apartment Bhatter Aathaba, Ps Surat Gujrat. (Lodged In Central Jail, Jodhpur).

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Harsh Chouhan @ Chouhan Harsh S/o Sh. Gopal Bhai, Aged About 23 Years, Fatehpol Juna Juna Bus Stop Ke Pas, Gojitra, Aananda Gujrat. At Present 92-93, Kawasji Sosayati, Baps Hospital Ke Pas, Adajan Surat Gujrat. (Lodged In Central Jail, Jodhpur).

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----Petitioners

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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. SK Verma Mr. Kaushal Gautam Mr. Mahaveer Singh Mr. Laxmi Rathore
For Respondent(s)	:	Mr. Vikram Sharma, PP Mr. Rahul Rajpurohit for Mr. Dr. Sachin Acharya,for the complainant

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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19/07/2023

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S.B. Criminal Miscellaneous Bail Application No. 1793/2023

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Learned counsel for the petitioner seeks permission to withdraw the present criminal misc. bail application as the name of the petitioner Hardik Bharatbhai Hirani is already mentioned in connected misc. bail application No.4460/2023.

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Permission Granted.

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In view of the above, the present criminal misc. bail application is disposed of as withdrawn.

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S.B. Criminal Miscellaneous Bail Application No. 8309/2023, 4460/2023 and 4825/2023

[2023:RJ-JD:22433]

[CRLMB-8309/2023]

(3 of 5)

The petitioners have been arrested in connection with FIR No.630/2022 of Police Station – Mahamandir, District Jodhpur for the offences punishable under Sections 420, 406, 467, 468, 471, 120-B of the IPC and Section 66, 66-C, 66-D I.T. Act. They have preferred these bail applications under Section 439 Cr.P.C.

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Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this present case. It is further submitted that alleged offences are triable by First Class Magistrate. It is further submitted that the co-accused namely Manav Garg, Kshatriya Dhan Bahadur, Mohammd Sadik Firozudeen Bichhu, Rahul Kanta Ram Satav have already been granted bail by coordinate bench of this Court vide orders dated 14.07.2023 and 24.04.2023 and the case of the present petitioners is not distinguishable from the case of the aforesaid coaccused persons. Learned counsel for the petitioner further submits that in the present case a sum of Rs.19,50,000/- has been recovered from co-accused Hardik, Mayur and Vinod each. From co-accused Karan, a sum of Rs. 80,000/- has been recovered and from accused Dipendra a sum of Rs.5,00,000/- has been recovered. It is further submitted that since no amount was transferred/deposited in the account of co-accused Gourang and Harsh Chouhan, therefore, no recovery was made from him. Learned counsel for the petitioner submits that charge-sheet has already been filed in the matter. The accused-petitioner s are in custody since long and the trial of the case will take long time. Therefore, the benefit of bail should be granted to the accusedpetitioners.

[2023:RJ-JD:22433]

[CRLMB-8309/2023]

(4 of 5)

Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the bail applications. Learned Public Prosecutor submitted that in the present case, cheating for a sum of Rs.16 crores is committed, therefore, petitioners may not be enlarged on bail.

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Learned counsel appearing for the complainant submits that the complainant has already filed SB Criminal Bail Cancellation Application No.56/2023 for cancelling the bail granted to Kshatriya Dhan Bahadur, Mohammd Sadik and Rahul Kanta Ram by the coordinate bench of this Court vide order dated 24.04.2023 and the same is pending consideration.

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Having regard to the totality of the facts and circumstances of the case and in view of the fact that the co-accused has already been granted bail, the alleged offences are triable by First Class Magistrate and chargesheet has been filed, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

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Accordingly, the bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners - (1) Karan Guvlani S/o Shri Tola Ram Guvlani (2) Hardik Bharatbhai Hirani S/o Bharat Bhai Devji Bhai Hirani (3) Deependra Singh Jhala S/o Shri Praveen Singh Jhala (4) Mayur Bhai Patel S/o Shri Kanti Bhai Patel (5) Vinod Kumar Shah S/o Shri Muktar Shah (6) Gourang Thakur S/o Sh. Narendra Bhai Thakur (7) Harsh Chouhan @ Chouhan Harsh S/o Sh. Gopal Bhai shall be released on bail in connection with FIR No.630/2022 of Police Station – Mahamandir, District Jodhpur, provided they execute a personal bond in a sum of Rs.1,00,000/-

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(5 of 5) [CRLMB-8309/2023]

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[2023:RJ-JD:22433]

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each with two sound and solvent sureties of Rs.50,000/- to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(MADAN GOPAL VYAS),J

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287-291 neha/-

Gourang Thakur v. State of Rajasthan

Case brief

What is this about?

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Gourang Thakur v. State of Rajasthan

Case brief

What is this about?

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