Allowed

Jagdish S/O Shri Shivkaran v. State of Rajasthan

Rajasthan HC6 Feb 2024CRLMB/1436/2024

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's second bail application under Section 439 Cr.P.C. in a cheating and forgery case. Considering the co-accused was granted bail, the trial's delay, and the magistrate's jurisdiction, bail was granted subject to conditions including a personal bond, sureties, and monthly police presence.

What did the court decide?

Petitioner released on bail via personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each with additional conditions.

Jagdish S/O Shri Shivkaran Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:6079]

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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. 1436/2024

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Jagdish S/o Shri Shivkaran, Aged About 40 Years, R/o Village Nathusar, Police Station Thanagazi, District Alwar (Raj.). (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. Santosh Kumar Soni For Respondent(s) : Mr. N.S. Gurjar, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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06/02/2024

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The instant second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.114/2023 registered at Police Station Aandhi, District Jaipur Rural for offences under Sections 419, 420, 467, 468, 471 and 120-B of IPC. Later on, police filed charge-sheet in this matter for the offences under Sections 419, 420, 467, 468, 471 and 120B of IPC.

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The first bail application was dismissed as withdrawn with liberty to file fresh bail application after filing result of the investigation. Now, charge-sheet has been filed in this matter. Thus, this second bail application has been preferred.

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Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that alleged offences are triable by Magistrate. He submits that alleged

[2024:RJ-JP:6079]

[CRLMB-1436/2024]

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offences are based on documents and all the documents have already been recovered during the course of investigation. He submits that co-accused of this case has been granted bail by the court below. Petitioner is in custody since 25.10.2023. Chargesheet has been filed and trial of the case will take considerable

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time. Further custody of the petitioner would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the bail application and submits that petitioner is the main culprit and he himself impersonated Devnarayan Sinha and executed sale-deed in favour of the co-accused.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that alleged offences are triable by Magistrate and co-accused of this case has already been granted bail by the court below; charge-sheet has been filed as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application.

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This second bail application is accordingly allowed and it is directed that accused-petitioner- Jagdish S/o Shri Shivkaran , he shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any

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

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However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station on first monday of every month, till trial is concluded.

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If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to petitioner by this Court.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /20

Jagdish S/O Shri Shivkaran v. State of Rajasthan

Case brief

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Jagdish S/O Shri Shivkaran v. State of Rajasthan

Case brief

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