Allowed

Murli Manohar Naamdev S/O Shri Badri Lal Naama v. State of Rajasthan

Rajasthan HC9 Feb 2024CRLMB/1590/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. by a petitioner accused of cheating, forgery and money circulation scheme offences under FIR No.217/2022. Offences triable by Magistrate, charge-sheet filed, co-accused already granted bail. Court enlarged petitioner on bail with conditions including monthly police-station presence.

What did the court decide?

Petitioner released on bail on furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to conditions including monthly police-station presence.

Murli Manohar Naamdev S/O Shri Badri Lal Naama Vs… — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:6837]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1590/2024

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Murli Manohar Naamdev S/o Shri Badri Lal Naama, Aged About 50 Years, R/o Pancholi Mohalla, Mandola Ward Baran, P.s. Kotwali, District Baran, At Present 496, Swami Vivekanand Nagar, P.s R.k. Puram, District Kota (Raj.). (At Present Confined In Central Jail Kota).

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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. Samarth Sharma For Respondent(s) : Mr. Mangal Singh Saini, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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09/02/2024

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The instant 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.217/2022 registered at Police Station Gumanpura, District Kota City for the offences under Sections 420, 406, 383 & 120-B of IPC. Later on, the police filed the charge-sheet in this matter for the offences under Sections 420, 406, 467, 468, 471, 384 & 120-B of IPC and Sections 3, 4, 5 & 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

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It is contended by counsel for the petitioner that the petitioner has falsely been implicated in this case. It is further contended that on the basis of vague allegations, arrest of the petitioner has been made. The alleged offences are triable by

[2024:RJ-JP:6837]

[CRLMB-1590/2024]

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Magistrate. He further submits that other co-accused persons of this case have already been granted bail by this court. The petitioner is in custody since 21.12.2022 and charge-sheet has been filed in the matter and trial of the case will take considerable time.

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Learned Public Prosecutor vehemently opposes the bail application and submits that petitioner is a habitual offender, as 90 other cases have also been registered against him, thus, bail should not be granted to the petitioner.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances;

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considering the arguments advanced by learned counsel for the petitioner, especially the fact that alleged offences are triable by Magistrate and other co-accused persons have already been granted bail by this court; charge-sheet has been filed in the matter and looking to the custody period of the petitioner, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the petitioner on bail.

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This bail application is accordingly allowed and it is directed that accused petitioner - Murli Manohar Naamdev S/o Shri Badri Lal Naama , 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 court to which the matter is transferred,

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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 pendency 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. 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 them by this Court.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /24

Murli Manohar Naamdev S/O Shri Badri Lal Naama v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Murli Manohar Naamdev S/O Shri Badri Lal Naama v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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