Allowed

Kalpana Prajapat D/O Shri Ganesh Lal, v. State of Rajasthan

Rajasthan HC27 Aug 2024CRLMB/13422/2023

Case brief

AI extract

What is this about?

Anticipatory bail application allowed for a petitioner falsely implicated in an embezzlement case. Court noted the petitioner was a junior accountant, had joined investigation, co-accused got bail, and custodial interrogation was unnecessary.

What did the court decide?

Anticipatory bail granted subject to personal bond of Rs.50,000/- and sureties of Rs.25,000/- each, with conditions to cooperate with investigation and not leave India without permission.

Kalpana Prajapat D/O Shri Ganesh Lal, Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:35762]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 13422/2023

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Kalpana Prajapat D/o Shri Ganesh Lal, Aged About 31 Years, Resident Of Near Petrol Pump, Dudu Road, Malpura, Dist. Tonk, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent

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For Petitioner(s) : Mr. Narendra Mewara for Mr. Tarun Jaiman For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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27/08/2024

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The present bail application has been filed under Section 438 Cr.P.C. on behalf of the accused-petitioner in connection with F.I.R. No. 17/2023 registered at Police Station Malpura, District Tonk for the offence(s) punishable under Section(s) 409 & 120B IPC.

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Learned counsel for the accused-petitioner submits that the petitioner, who is a lady, has been falsely implicated in this case and she has nothing to do with the alleged offences. Counsel further submits that the petitioner was discharging her duties as Junior Accountant in the Office of Community Health Centre, Malpura from year 2017 to 2021. The principal accused, namely Keshav Chand Sharma, has committed suicide and the other coaccused persons have already been granted anticipatory bail by Co-ordinate Bench(es) of this Court. Custodial interrogation of the

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present petitioner is not required in this case as she has already joined the investigation. Trial is likely to take long time to conclude. Therefore, the anticipatory bail application filed by the petitioner deserves to be allowed.

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Learned Public Prosecutor has vehemently opposed the bail application.

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Considered the overall allegations leveled in the F.I.R. and contentions made by the counsel for the accused-petitioner.

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Taking into account the totality of facts & circumstances of the case, factual report of investigation and without expressing any opinion on the merits of the case, this Court deems it just & proper to allow the anticipatory bail application filed on behalf of the accused-petitioner.

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Accordingly, the anticipatory bail application is allowed . The S.H.O/I.O/Arresting Officer, Police Station Malpura, District Tonk, in F.I.R. No. 17/2023, is directed that in the event of arrest of the petitioner, namely - Kalpana Prajapat D/o Shri Ganesh Lal, she shall be released on bail, provided she furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

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(i) that the petitioner shall make herself available for interrogation by a police officer as and when required;

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(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

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(iii) that the petitioner shall not leave India without previous permission of the court.

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(VINOD KUMAR BHARWANI),J

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SAHIL SONI /3

Kalpana Prajapat D/O Shri Ganesh Lal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kalpana Prajapat D/O Shri Ganesh Lal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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