Allowed

Ritesh v. State of Rajasthan

Rajasthan HC13 Mar 2024CRLMB/1677/2024

Case brief

AI extract

What is this about?

The High Court allowed bail to the petitioner charged with cheating (IPC 420) and criminal breach of trust (IPC 406). Relying on prima facie evidence of legitimate employment with a registered MSME, the court directed release on personal bond and sureties.

What did the court decide?

Released on bail by furnishing a personal bond of Rs.50,000 and two sureties of Rs.25,000 each to the satisfaction of the trial court.

Ritesh Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JD:11966]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1677/2024

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Ritesh S/o Dhanji, Aged About 30 Years, R/o Kothar Police Station Salumbar District Udaipur (At Present Lodged In District Jail Pratpgarh)

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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)	: None Present
For Respondent(s)	: Mr. A.R. Choudhary,PP

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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13/03/2024

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Nobody has appeared on behalf of the petitioner.

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This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.53/2024, registered at Police Station Pratapgarh, District Pratapgarh, for the offences under Sections 406, 420 & 120-B of the IPC.

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Heard learned Public Prosecutor. Perused the material available on record.

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As per prosecution, the petitioner, imparted training to girls for selling certain products of M/s Dream Life Wellness Pvt. Ltd. which is alleged to be a franchise of ‘Shiv Enterprises Ayurvedic Sansthan’. The petitioner charged a sum of Rs.22000/- from each of girls for the above training with the assurance that they will earn a sum of Rs.12000/- per month. Thus, complainant’s father Shankar Lal transferred a sum of Rs.5000/- in the account of the

[2024:RJ-JD:11966]

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present petitioner through PhonePe. However, the petitioner did not give any receipt against the said amount. As per prosecution, the petitioner had cheated about 120 girls with the false pretext of getting them a government job.

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Having considered the rival submissions, facts and circumstances of the case and the case file, this Court prima facie finds that number of documents have been placed on record indicating that the petitioner was an employee of M/s Dream Life Wellness Pvt. Ltd.. The M/s Dream Life Wellness Pvt. Ltd. is a Micro Small and Medium Enterprise having due registration with the Ministry of MSME, Government of India. In the prima facie opinion of this Court, since the petitioner was working with a company having due registration with the Ministry of MSME, Government of India, at this stage, it cannot be said that the petitioner has breached the trust of the complainant by holding the training programme.

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This Court also prima facie finds that the petitioner is in judicial custody since 01.02.2024; the offences alleged to have been committed by the present petitioner are triable by Magistrate. In view of the fact that the offences alleged to have been committed by the present petitioner are triable by Magistrate, thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

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Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ritesh S/o Dhanji arrested in connection with F.I.R. No.53/2024, registered at Police Station Pratapgarh, District Pratapgarh, shall be released

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on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

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(KULDEEP MATHUR),J

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72-himanshu/-

Ritesh v. State of Rajasthan

Case brief

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Ritesh v. State of Rajasthan

Case brief

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