Enlarged three petitioners on bail under Section 439 Cr.P.C. charged with cheating and forgery in forged property documents, requiring personal bond and sureties.
Enlarged on bail subject to furnishing personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to satisfy trial Judge.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6359/2023
Piyush S/o Rajesh Kumar, Aged About 26 Years, R/o Ward No. 09, House No. 158, Behind Guruji Hotel, Jawahar Nagar, Thana Pratap Nagar, Bhilwara. (At Present Lodged In District Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 6360/2023 Devendra S/o Ram Lal, Aged About 29 Years, R/o Malola Circle, Nearby Shiv Mandir, Bhilwara, District Bhilwara. (Confined In District Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 5886/2023
Shambhu S/o Ramswaroop, Aged About 46 Years, R/o Salawatiya, Bijoliya Police Station, District Bhilwara. (Confined In District Jail, Bhilwara)
----Petitioner
| Versus State of Rajasthan,Through Pp --- |
|---|
| For Petitioner(s) : Mr.Nikhil Ajmera, Mr.Tirath Raj Singh Sodha, Mr.NeerajKumar Gurjar. |
| For Respondent(s) : Mr.Shrawan Kumar,P.P. |
----Respondent
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
25/05/2023
These three applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in
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connection with FIR No.106/2023 registered at Police Station Subhash Nagar, District Bhilwara, for offences under Sections 420, 467, 468, 471 and 419 IPC.
Learned counsel for the petitioners submitted that the allegation against the petitioners is that they conspired to create forged registry document of plot No.7-G-3, Ramesh Chandra Vyas Colony, Bhilwara and made registered sale deed on the basis of forged documents in the name of petitioner Shambu Lal. Learned counsel submitted that the allegations against the petitioners are absolutely false as petitioner Shambhu Lal had deposited a sum of Rs.20 lacs with UIT, Bhilwara and purchased the plot in open auction proceedings. Learned counsel submitted that allegation of creating forged documents and auction proceedings are not sustainable in absence of any direct/documentary evidence.
Lastly, learned counsel submitted that the offences are triable by a court of Magistrate; no recovery is due to be made from the petitioners; and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioners.
Per contra, learned Public Prosecutor opposed the bail application. However, he was not in a position to dispute the fact the alleged offences are triable by a court of Magistrate and no recovery is due to be made from the petitioners.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on
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merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.
Accordingly, these bail application under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners- (i) Piyush S/o Rajesh Kumar , (ii) Devendra S/o Ram Lal, (iii) Shambhu S/o Ramswaroop respectively shall be enlarged on bail in connection with FIR No.106/2023 registered at Police Station Subhash Nagar, District Bhilwara, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J
/tarun goyal/ Sr.No.155-156, 204
1 issue framed by the court
Whether bail is maintainable when offences are triable by a Magistrate.
1 provisions across 1 enactments
Piyush S/o Rajesh Kumar
Devendra S/o Ram Lal
Shambhu S/o Ramswaroop
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
