Allowed

Nihar Nayar S/O Natrajan v. State of Rajasthan

Rajasthan HC15 Feb 2024CRLMB/1901/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 Cr.P.C. for the accused-petitioner in a cheating and forgery case. The court noted the similarity with a previously enlarged co-accused and the Magistrate-category of the case to grant bail.

What did the court decide?

The accused-petitioner is enlarged on bail on execution of a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Nihar Nayar S/O Natrajan Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:7789]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1901/2024

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Nihar Nayar S/o Natrajan, Aged About 26 Years, R/o House No. 19, Shree Kumar Niwas, Rajeshwar Colony Nimach, Police Station Chawni, District Nimach Madhyapradesh At Present D 288 Flat Number 403 Sidarth Apartment, Sidarth Nagar Keshar Vihar Malviya Nagar, Jaipur (At Present In District Jail, Dausa)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Yunus Khan Mr. Afzal Khan For Respondent(s) : Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

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15/02/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.23/2023 registered at Cyber Police Station Dausa, District Dausa for the offence(s) under Sections 420, 506 & 120-B of IPC and Section 66 of IT Act.

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The bail application pertaining to FIR No. 23/2023 of coaccused Ashish Jain was allowed vide order dated 08.02.2024 by this Bench.

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Learned counsel for the petitioner submits that the accusedpetitioner has been falsely implicated in the case. He further submits that co-accused Ashish Jain has already been enlarged on bail by this Court vide order dated 08.02.2024 and the case of the present petitioner is not distinguishable from the co-accused, who

[2024:RJ-JP:7789]

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has been enlarged on bail. He further submits that the case of the petitioner is triable by Magistrate. The petitioner is in judicial custody since 13.01.2024 and the trial of the case will take considerable time. Therefore, the benefit of bail should be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor opposes the bail application.

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Considering the arguments advanced by the counsel for the parties and looking to the fact that this Court vide order dated 08.02.2024 has enlarged co-accused Ashish Jain on bail, the case of the present petitioner is not distinguishable from the case of coaccused Ashish Jain and the trial of the case may take considerable time. Factual Report shows that both Ashish Jain and present petitioner were getting commission and masterminds of the transactions were operating from Dubai & Cambodia, therefore, I deem it just and proper to enlarge the accusedpetitioner on bail.

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Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Nihar Nayar S/o Natrajan in connection with FIR No.23/2023 registered at Cyber Police Station Dausa, District Dausa shall be enlarged on bail provided he furnishes 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 his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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5-Mohit

Nihar Nayar S/O Natrajan v. State of Rajasthan

Case brief

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Nihar Nayar S/O Natrajan v. State of Rajasthan

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