Allowed

Mahendra v. State of Rajasthan

Rajasthan HC27 May 2024CRLMB/2191/2024

Case brief

AI extract

What is this about?

Allowed the second bail application of the petitioner arrested for offences under Sections 489-A to 489-E, 420, 467, 468, 471, and 120B of IPC. The Court noted that the charge-sheet was filed, a similar co-accused was on bail, and the trial would take substantial time, directing release on a personal bond and sureties.

What did the court decide?

Released on bail on personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the trial Court.

Mahendra Vs State of Rajasthan — Corruption | Rajasthan HC (2024)

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[2024:RJ-JD:24134]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 2191/2024

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Mahendra S/o Hari Om, Aged About 27 Years, R/o 239, Abhishek Nagar Pal Jodhpur. (At Present At Central Jail Jodhpur).

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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. Deepak Menaria assisted by Mr.
	Jitendra Ojha
For Respondent(s)	: Mr. SK Bhati,PP

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JUSTICE DINESH MEHTA

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Order

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27/05/2024

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The second application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) in connection with FIR No. 353/2023, registered at Police Station Sardarpura, District Jodhpur for the offences under Sections 489-A, 489-B, 489-C, 489-D, 489-E, 420, 467, 468, 471, 120B of Indian Penal Code, 1860.

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Learned counsel for the applicant submitted that applicant’s first bail application being S.B. Criminal Miscellaneous Bail Application No.207/2024 was dismissed by this Court as withdrawn vide order dated 23.01.2024, while giving liberty to the applicant to file a fresh bail application, once the charge-sheet is filed.

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Mr. Menaria, learned counsel for the applicant at the outset informed that charge-sheet has been filed and argued that there is no specific allegation of creation of currency notes against the applicant. The incriminating evidence against the present applicant is that

(2 of 3)

[2024:RJ-JD:24134]

[CRLMB-2191/2024]

principle accused-Sanjay Shah had sent a video of 28 seconds to the present applicant, in which the video recording of a bag containing currency notes of Rs.500/- were seen and a printer has been recovered from him.

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So far recovery of printer is concerned, Mr. Menaria argued that similarly situated co-accused person Arjun singh has already been granted benefit of bail vide order dated 21.12.2023 in S.B. Criminal Misc. Bail Application No.16246/2023.

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Counsel submitted that charge-sheet has been filed against the applicant and neither any investigation nor any recovery remains to be made from him and as the trial of the case is likely to take substantial time, the applicant be released on bail.

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Learned Public Prosecutor vehemently opposed the bail application by contending that there is enough evidence on record to show applicant’s involvement in the offence of creating spurious currency notes. It was asserted that there was an agreement between the principle accused and the present applicant that after printing the fake currency notes, a sum of Rs.20 lakhs shall be given to him and that the house in which the notes were prepared belong to applicant’s uncle (mama).

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Heard learned counsel for the parties and perused the material available on record.

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True it is, that video recording of 28 seconds was sent by coaccused Sanjay Shah to the applicant and a printer was recovered from him, but now, the charge-sheet has been filed against the applicant. Similarly situated co-accused Arjun Singh has also been enlarged on bail by this Court and trial of the case is likely to take substantial time, hence, this Court is inclined to accept the bail application of the applicant, who is behind the bars since 14.11.2023.

(3 of 3)

[2024:RJ-JD:24134]

[CRLMB-2191/2024]

Consequently, the second bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant Mahendra S/o Hari Om arrested in connection with FIR No.353/2023, registered at Police Station Sardarpura, District Jodhpur shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

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Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.

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(DINESH MEHTA),J

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38-raksha/-

Mahendra v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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