Allowed

Aslam @ Kala S/O Shri Khussi v. State of Rajasthan

Rajasthan HC18 Sept 2024CRLMB/11329/2024

Case brief

AI extract

What is this about?

Second bail applications by three accused in an FIR for cheating, forgery and IT Act offences after filing of charge-sheet; the court granted bail on personal bonds with two sureties each and imposed a condition barring public celebration of release.

What did the court decide?

Petitioners released on bail on Rs.1,00,000 personal bond each with two sureties of Rs.50,000 each; condition not to celebrate release publicly.

Aslam @ Kala S/O Shri Khussi Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:39305]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 11328/2024

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Musallam S/o Shri Basdin, Aged About 21 Years, R/o Thanaghoda, P.s Kishangarhbas, District Khairthal-Tijara (Raj.) (At Present Confined In Sub Jail Kishangarhbas).

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Mustkim S/o Basdin, Aged About 24 Years, R/o Thanaghoda, P.s Kishangarhbas, District Khairthal-Tijara (Raj.) (At Present Confined In Sub Jail Kishangarhbas).

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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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Connected With

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 11329/2024 Aslam @ Kala S/o Shri Khussi, Aged About 22 Years, R/o Raghunathgarh, P.s. Nogawa District Alwar (Raj.) (At Present Confined In Sub Jail Kishangarhbas).

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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. Anil Kumar Yadav For Respondent(s) : Ms. Aarti Sharma, Public Prosecutor

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HON'BLE MR. JUSTICE GANESH RAM MEENA Order

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18/09/2024

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Both the second bail applications have been filed by the petitioners under Section 483 of the B.N.S.S. in connection with FIR No.274/2024 registered at Police Station Kishangarhbas, District Khairthal Tijara for offences under Sections 419, 420, 467, 468, 471 & 120-B of IPC and under Section 66-D of the Information Technology Act.

[2024:RJ-JP:39305]

[CRLMB-11328/2024]

(2 of 3)

The first bail application ( S.B. Criminal Misc. Bail Application No.8028/2024 ) filed by the petitioners Musallam & Mustkin was dismissed by this Court as withdrawn vide order dated 22.07.2024 with liberty to file fresh and the first bail application ( S.B. Criminal Misc. Bail Application No.10263/2024 ) filed by the petitioner Aslam @ Kala was dismissed by this Court as withdrawn vide order dated 21.08.2024 with liberty to file fresh after filing of charge-sheet.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case and they are in custody since long. Counsel further submits that Police after completion of investigating has submitted charge-sheet in the matter and they are no more required for any kind of interrogation or recovery, therefore, the petitioners may be released on bail.

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Learned Public Prosecutor vehemently opposed these second bail applications. 5. Taking into consideration the overall facts & circumstances of the case so also the submissions made by learned counsel for the petitioners, this Court without expressing any opinion on merits and demerits of the case, deems just and proper to enlarge the petitioners on bail.

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Accordingly, both the second bail applications are allowed and it is directed that accused-petitioners shall be released on bail provided that each of them shall furnish a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only)(each), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the Trial Court with the stipulation that they shall appear before that Court or any Court to

[2024:RJ-JP:39305]

[CRLMB-11328/2024]

(3 of 3)

which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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It has been brought to the notice of this Court that these accused-persons of particular areas, who are involved in the online fraud, after their release from a criminal case, will celebrate their release in public. Hence, taking into consideration the aforesaid aspect, a condition is imposed that the accusedpetitioners shall not celebrate their release in public and if they are found to be involved in celebrating their release in public, the State shall be at liberty to move the application for cancellation of their bail.

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The Registry is directed to place a copy of this order in the connected case file.

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(GANESH RAM MEENA),J

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Satyendra/41-42

Aslam @ Kala S/O Shri Khussi v. State of Rajasthan

Case brief

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Aslam @ Kala S/O Shri Khussi v. State of Rajasthan

Case brief

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