Common order dismissing two bail applications filed by accused accused of forgery and cheating offences under I.P.C. regarding khatedari land disputes. Court found the nature of allegations serious and investigation incomplete, deeming it unfit to grant bail.
Bail applications of both petitioners dismissed; no relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 12466/2024
Jitendra Akodiya S/o Shri Hariram, Aged About 25 Years, R/o Village Harnawa, Tehsil Parbatdar, P.s. Gachchhipura, District Didwana Kuchamancity At Present Village Development Officer, Gram Panchayat Badoli, District Gangapurcity (At Present Confined In Sub Jail Gangapurcity).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 12645/2024 Santosh Kumar @ Gujrati S/o Shri Ishwar Prasad, Aged About 50 Years, R/o Opposite Girls School, Vazirpur, Police Station Vazirpur, District Gangapurcity (Raj.) (At Present Lodged In The Sub Jail, Gangapur City).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) : |
Mr. Ravinder Kumar Mr. Ashvin Garg Mr. Nonit Hatila |
|---|---|
| For Respondent(s) : |
Ms. Arti Sharma, PP |
| For Complainant : |
Mr. Rajneesh Gupta assisted by Mr. Lokendra Sharma & Amit Singh Shekhawat |
HON'BLE MR. JUSTICE BHUWAN GOYAL
Order
05/11/2024
decided by this common order as they arise out of same incident and F.I.R.
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been named in the F.I.R. nor any recovery has been effected from him. He has also contended that besides so-called death certificate, another Death Certificate in the name of Prahlad Das Chela Raghunath Das was also issued by the Registrar, Directorate of Economics and Statistics, Wazirpur on 29.02.2024. He has also contended that earlier also, complainant had filed a complaint before the learned Additional Chief Judicial Magistrate, Gangapur City against Smt. Indra Devi on 28.07.2022 alleging that she had prepared false pedigree table showing father's name of Prahlad Das as Raghunath Das and filed suit to usurp land belonging to the complainant and his father. Pursuant thereof, F.I.R. No.235/2022 was registered in which final (negative) report was submitted by the police. He has also contended that co-accused Indra Devi had earlier filed revenue suit claiming her father Prahlad Das was son of Raghunath Das, which was dismissed on 05.05.2022, against which she preferred an appeal which was also dismissed on 09.11.2022. Aggrieved by same, she preferred second appeal which was withdrawn. He has also submitted that criminal antecedents of the petitioner have wrongly been shown. Only two criminal cases have been registered against the petitioner. The petitioner is not beneficiary. There is civil dispute between the parties.
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applications may be allowed and the petitioners may be enlarged on bail.
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(BHUWAN GOYAL),J
INDER/145-146
3 issues framed by the court
Whether the petitioners, accused of cheque-related offences and forgery resulting in land grabbing, are entitled to bail at this stage.
Whether the nature of offences under Sections 420, 467, 468, 471 and 120-B of I.P.C. warrants release on bail.
Whether the allegations of destroying original documents and fabrication make the petitioners unfit for bail.
1 provisions across 1 enactments
Jitendra Akodiya
Santosh Kumar @ Gujrati
State Of Rajasthan
BHUWAN GOYAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
