Allowed

Anil Kumar Joshi S/O Shri Sitaram Joshi v. State of Rajasthan

Rajasthan HC20 Dec 2024CRLMB/13622/2024

Case brief

AI extract

What is this about?

The High Court allowed joint bail applications filed for Anil Kumar Joshi and Gaurav Singh Rathore, who were arrested facing charges under IPC Sections 370, 465, 471, 120-B, and the Transplantation of Human Organs Act. Relying on the bail granted to co-accused in a similar case, the court deemed it just and proper to grant bail subject to a personal bond.

What did the court decide?

The accused-petitioners shall be enlarged on bail by furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each.

Anil Kumar Joshi S/O Shri Sitaram Joshi Vs State of… — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JP:52405]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No.13622/2024

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Anil Kumar Joshi S/o Shri Sitaram Joshi, Aged About 30 Years, R/o Village Abhaneri, Police Station Bandikui, Tehsil Baswa, District Dausa, At Present Tenant Of House No. 1165, Kisan Marg, Barkat Nagar, Jaipur, Presently Transplant Coordinator Male Nurse, Iternal Hospital, Jawahar Circle, Jaipur. (Presently Accused 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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 16220/2024 Gaurav Singh Rathore S/o Late Shri Sardar Singh, R/o 13/239, Kaveri Path, Near Amit Bal Vidya Mandir School, Police Station Mansarovar, Jaipur. At Present Assistant Administrative Officer At Human Organ Transplant Department, Sawai Man Singh Hospital, Jaipur.

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(Presently Accused 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. Kapil Gupta, Adv. assisted by Mr. Ajeet Singh Shaktawat, Adv. Mr. Ankit Kumar, Adv. Mr. Dharmendra Kumar, Adv. Mr. Chitransh Saxena, Adv. Ms. Anisha Yadav, Adv. Mr. Harendra Singh, Adv.
For Respondent(s)	:	Mr. Rajesh Choudhary, GA-Cum-AAG Ms. Arti Sharma, Dy.GA Mr. Aman Kumar, AAAG

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

[2024:RJ-JP:52405]

[CRLMB-13622/2024]

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20/12/2024

These instant bail applications have been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accusedpetitioners have been arrested in connection with FIR No.78/2024, registered at Police Station Jaipur Airport, District Jaipur City (East) for the offence(s) under Sections 370, 465, 471 and 120-B of IPC.

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Learned counsel for the accused-petitioners submit that the accused-petitioners have falsely been implicated under Sections 419, 420, 370, 465, 467, 468, 471, 201 and 120-B of IPC and Section 19/20 of the Transplantation of Human Organs and Tissues Act. It is also contended that the accused-petitioners are in custody since 04.05.2024 and trial of the case may take considerable time, the charge-sheet has already been submitted before the Court below. In similar nature of cases the co-ordinate Bench have enlarged the co-accused Girraj Sharma, Nurul Ishlam, M.D. Ahasanul Kobir and Bhanu Love Vanshi on bail. The nature of allegations levelled against the accused-petitioners are akin to the other co-accused Girraj Sharma and the other persons, who have already been enlarged on bail, trial of the case may take considerable time, therefore, the bail applications of the accusedpetitioners may by allowed.

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Learned GA-cum-AAG has vehemently opposed the grant of bail applications and submits the factual report, the same is taken on record. It is contended that it is alleged against the accusedpetitioners that they created fake N.O.C. and involved in human trafficking and illegal organ transplantation, therefore considering

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[2024:RJ-JP:52405]

[CRLMB-13622/2024]

the gravity of the offence, the bail applications of the accusedpetitioners may be dismissed.

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Heard and perused the material available on the record.

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Considering the above fact, it is not desirable to express anything on the merits of the case. The accused-petitioners are in custody since 04.05.2024 and trial of the case may take considerable time, in similar nature of offence another FIR was registered in the other Police Station. The similarly placed coaccused have already been enlarged on bail by the co-ordinate Bench, therefore, considering the above facts, I deem it just and proper to enlarge the accused-petitioners on bail.

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Accordingly, these bail applications under Section 483 of B.N.S.S. are allowed and it is ordered that the accusedpetitioners namely; 1. Anil Kumar Joshi S/o Shri Sitaram Joshi and 2. Gaurav Singh Rathore S/o Late Shri Sardar Singh, in connection with FIR No.78/2024, registered at Police Station Jaipur Airport, District Jaipur City (East), shall be enlarged on bail provided each of them furnish 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 and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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Ashwani Kr Srivastava /-131-132

Anil Kumar Joshi S/O Shri Sitaram Joshi v. State of Rajasthan

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Anil Kumar Joshi S/O Shri Sitaram Joshi v. State of Rajasthan

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