Allowed

Chanchal Kumari W/O Shri Lokesh Kumar v. State of Rajasthan

Rajasthan HC8 Jan 2024CRLMB/8/2024

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed bail applications filed by Chanchal Kumari and Veer Singh, who were arrested for cheating, criminal breach of trust, and criminal conspiracy. The court, noting the offences were triable by a Magistrate and lacked criminal antecedents, granted bail on a Rs. 50,000 personal bond with two sureties of Rs. 25,000 each.

What did the court decide?

Bail allowed on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each, subject to conditions.

Chanchal Kumari W/O Shri Lokesh Kumar Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JP:917]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 8/2024

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Chanchal Kumari W/o Shri Lokesh Kumar, Aged About 31 Years, R/o Village Guvaruaa, Police Station Nandbai At Present Flat No. B-28, Ground Floor, Apna Ghar Shalimar, 6 Bigha, Police Station Sadar, Alwar (Raj.). (At Present In District Jail, Alwar).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Anil Chhillar S/o Daulat Ram, R/o Ramanand Nagar, Near Lal Diggi, Alwar. (Raj.)

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----Respondents

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 9/2024

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Veer Singh S/o Shri Nandram, Aged About 30 Years, R/o Gulmani Algani, Police Station Sikari, District Deeg, Bharatpur (Raj.). (At Present In District Jail, Alwar).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Anil Chhillar S/o Daulat Ram, R/o Ramanand Nagar, Near Lal Diggi, Alwar. (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Amit Punia For Respondent(s) : Mr. M. K. Sheoran, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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08/01/2024

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These instant bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners, who have been arrested in connection with FIR No.719/2023 registered at Police Station Arawali Vihar, District Alwar for the offences under Sections 384,

[CRLMB-8/2024]

[2024:RJ-JP:917]

(2 of 3)

406 and 506 of IPC. Presently, the investigation is being conducted for the offences under Sections 384, 388, 389, 506 and 120-B of IPC.

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It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. He submits that the alleged offences are triable by Magistrate. He further submits that petitioner-(x), who has filed the S.B. Criminal Miscellaneous Bail Application No. 8/2024 is a rape victim as she was sexually exploited by the complainant, for which FIR No. 711/2023 has already been registered against the complainant in the same Police Station. There are no criminal antecedents of the petitioners. Petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose.

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Learned Public Prosecutor opposes the bail application and submits that FIR lodged by the petitioners is a counter-blast FIR and the offences under Sections 384, 388, 389, 506 and 120-B of IPC have been found proved against them.

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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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of the case; considering the arguments advanced by learned counsel for the petitioners, especially the fact that the alleged offences are triable by Magistrate; absence of criminal antecedents 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 bail applications.

[2024:RJ-JP:917]

[CRLMB-8/2024]

(3 of 3)

These bail applications are accordingly allowed and it is directed that accused-petitioners - (1) Chanchal Kumari W/o Shri Lokesh Kumar and (2) Veer Singh S/o Shri Nandram shall be released on bail provided each of them 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 they shall appear before that Court and any 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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It is made clear that the accused petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence once in every three months in the concerned police station.

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If any breach 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 /149-150

Chanchal Kumari W/O Shri Lokesh Kumar v. State of Rajasthan

Case brief

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Chanchal Kumari W/O Shri Lokesh Kumar v. State of Rajasthan

Case brief

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