Single judge order granting anticipatory bail to petitioner under Section 438 Cr.P.C. apprehending arrest for cheating and fraud offences, as custodial investigation was deemed unnecessary.
Petitioner granted anticipatory bail and ordered to be released on personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:11725]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 197/2024
Kumarchand S/o Mangalram, R/o Patpara Mohalla, In Front Of Collectorate, Police Station Mathura Gate, Bharatpur (Raj.).
----Petitioner
Versus
The State of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Rahul Sinsinwar |
|---|---|
| For Respondent(s) | : Mr. Babulal Nasuna-PP |
| Mr. Manish Saini |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order
07/03/2024
[2024:RJ-JP:11725]
[CRLMB-197/2024]
(2 of 3)
counsel for the respondent submits that accused-petitioner, after selling the said plot to the complainant, has filed a civil suit regarding the same plot and has filed a civil suit for partition of the same plot and get it decreed from the concerned Civil Court without making complainant as a party to the suit. He further submits that accused-petitioner in the civil suit, has deposed that the said plot has not been sold to anyone, therefore, prima facie , offence under Sections 420, 406 and 120B of the IPC are made out against the accused-petitioner. Therefore, the anticipatory bail application of the accused-petitioner may be dismissed.
(i) that the petitioner shall make himself available for interrogation by a police ofÏcer as and when required;
(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise
(3 of 3)
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[CRLMB-197/2024]
to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police ofÏcer, and
(iii) that the petitioner shall not leave India without previous permission of the court.
(PRAVEER BHATNAGAR),J
173-Rahul Joshi
1 issue framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the petitioner apprehending arrest for offences under Sections 192, 419, 420 and 506 of IPC.
2 provisions across 2 enactments
Kumarchand S/o Mangalram
The State of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
