Dismissed

Tripati Jain W/O Shri Gaurav Jain v. State of Rajasthan

Rajasthan HC16 Oct 2024CRLMB/10175/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a bail application by Tripati Jain, an accused woman charged with cheating under IPC Sections 420 and 406. Despite her submission that the case was civil in nature and she had dependent children, the court found the allegations of dishonest misappropriation of investment money serious and noted her husband's absence as a complicating factor.

What did the court decide?

Obtained: Bail application dismissed; accused remains in custody.

Tripati Jain W/O Shri Gaurav Jain Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:43978]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10175/2024

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Tripati Jain W/o Shri Gaurav Jain, Aged About 38 Years, R/o House No. 40-41, Mangal Vihar, Budhsinghpura, Sanganer, Police Station Sanganer, Jaipur. (At Present Confined In Central Jail Jaipur).

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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. PankajAgarwal
For Respondent(s)	: Mr. Rahul Agarwal
	Ms. Arti Sharma,PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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16/10/2024

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Instant bail application is preferred by petitioner-accusedTripati Jain under Section 483 of BNSS in a matter arising out of FIR No.362/2024 registered at Police Station Sanganer, Jaipur for offence under Sections 420 and 406 IPC.

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Learned counsel for petitioner submits that the petitioner is an innocent person and she is a female having no knowledge about the business carried on by her husband. He further submits that the petitioner is neither borrowed any money from anyone including complainant for any business, nor procure money for share in business. He further submits that the petitioner having two children dependent on her and during her absence it would be difficult for her to take care of these children. Atlast, he submits that from the investigation it has come on record that the

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complainant party was shared benefit of profit from time to time by the accused. At last he submits that looking to dispute of civil nature, petitioner is entitled to be released on bail.

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Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned counsel for complainant has submitted that the husband of petitioner and complainants were employed in a company but at the time of VRS, all of them received money as retiral benefits and husband of present petitioner explained the scheme and procured ₹25,00,000/- for complainants for investment. He submits that the petitioner and her husband are working together in a firm engaged in trading in share market but with this dishonest intention, the petitioner and her husband have refused to return hard earned money of the complainant party.

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Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. 5. On the basis of complaint filed by complainant-Bachu Singh, FIR No.362/2024 was registered at Police Station Sanganer, District Jaipur City (East) on 29.07.2024. In the complaint, which alleged that complainant-Bachu Singh and other victims were cheated with dishonest intention by petitioner and her husband. After investigation police has found involvement of Gaurav Jain and Tripati Jain and after arrest of Tripati Jain on 31.07.2024 has filed charge-sheet against Tripati Jain under Sections 420, 406 and 120B IPC but kept pending against Gaurav Jain under Section 193(3) of BNSS as he was absconding.

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A perusal of material placed on record clearly reflects that a group of complainant has filed a complaint alleging that Gaurav

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Jain and present petitioner received ₹25,00,000/- from them, an amount received as retiral benefit but and after sometime refused to return the aforesaid amount. Since, it is a case wherein hard earned money of complainant party were dishonestly converted and misappropriated by accused and her husband. Despite demand to return, same was not returned, therefore, in this case petitioner cannot be released on bail as her husband is not only absconding but avoiding legal process. I agree that the petitioner is a female and having two children but this is not a good ground compared to agony of victims.

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In view of aforesaid, the bail application of present petitioner-Tripati Jain under Section 483 BNSS is hereby dismissed.

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(ASHOK KUMAR JAIN),J

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Arun/189

Tripati Jain W/O Shri Gaurav Jain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Tripati Jain W/O Shri Gaurav Jain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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