Allowed

Smt Dharma Devi W/O Ramcharan v. State of Rajasthan

Rajasthan HC20 May 2024CRLMB/2635/2024

Case brief

AI extract

What is this about?

Two accused apprehending arrest in a cheating-forgery FIR over sale of agricultural land and a Bank of Baroda loan sought anticipatory bail. Having repaid the loan with a No Dues Certificate issued, the court granted them anticipatory bail subject to conditions.

What did the court decide?

Anticipatory bail granted to both petitioners in FIR No. 182/2023; personal bond Rs.50,000 each with two sureties of Rs.25,000 each.

Smt Dharma Devi W/O Ramcharan Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:23710]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2635/2024

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Smt Dharma Devi W/o Ramcharan, Aged About 80 Years, R/o Dungapura (Morda), Police Station Balghat, District Karauli (Raj.).

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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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Connected With

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 5714/2024 Jawahar Singh S/o Ramcharan, Aged About 45 Years, R/o Dungapura (Morda), Police Station Balghat, District Karauli (Raj.).

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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. Shribhan Gurjar For Respondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

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20/05/2024

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Apprehending their arrest in connection with FIR No. 182/2023 registered at Police Station Balghat, District Karauli for the offence(s) under Sections 420, 467, 468, 471, 504 & 120-B of IPC, the accused-petitioner Smt Dharma Devi W/o Ramcharan has preferred S.B. Criminal Miscellaneous Bail Application No. 2635/2024 & accused-petitioner Jawahar Singh S/o Ramcharan has preferred S.B. Criminal Miscellaneous second Bail Application

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[2024:RJ-JP:23710]

[CRLMB-2635/2024]

(2 of 3)

No.5714/2024 under Section 438 Cr.P.C.

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The first bail application of accused-petitioner Jawahar Singh S/o Ramcharan was dismissed as not pressed vide order dated 01.05.2024.

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Learned counsel for the accused-petitioners submits that accused-petitioners have falsely been implicated in this case. He further submits that petitioners Dharma Devi W/o Ramcharan & Jawahar Singh S/o Ramcharan have deposited the entire loan amount taken from the Bank of Baroda. It is alleged against the petitioners that despite selling the property of Khasra Nos. 600 & 849 to the complainant, they procure the loan amount from Bank of Baroda and, therefore, mutation proceedings could not be initiated by the complainant. He further submits that custodial interrogation is not required as petitioners have already deposited the entire amount of loan to the concerned Bank and the concerned Bank has issued No Dues Certificate in favour of the petitioners on 14.05.2024, therefore, anticipatory bail applications of the accused-petitioners may be allowed.

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Learned Public Prosecutor vehemently oppose the anticipatory bail applications.

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Heard and perused the factual report.

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The factual report shows that petitioners after selling their agriculture land to the complainant obtained loan from the Bank of Baroda, due to which mutation proceedings could not be entered in the name of the complainant. The petitioners have deposited the entire amount which was due to Bank of Baroda and Bank has issued No Dues Certificate in favour of the petitioners, therefore,

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considering the above facts and without commenting anything on the merits of the case, I deem it just and proper to allow the anticipatory bail applications of the accused-petitioners.

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Accordingly, the S.B. Criminal Miscellaneous Bail Application No. 2635/2024 & S.B. Criminal Miscellaneous second Bail Application No.5714/2024 under Section 438 Cr.P.C. are allowed and it is ordered that in the event of arrest of the petitioners namely: 1. Smt Dharma Devi W/o Ramcharan & 2. Jawahar Singh S/o Ramcharan, in connection with FIR No. 182/2023 registered at Police Station Balghat, District Karauli, they shall be released on bail, provided each of them furnish a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

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(i) that the petitioners shall make themselves available for interrogation by a police officer as and when required;

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(ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer, and

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(iii) that the petitioners shall not leave India without previous permission of the court.

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(PRAVEER BHATNAGAR),J

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Keshav/26-27

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Smt Dharma Devi W/O Ramcharan v. State of Rajasthan

Case brief

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Smt Dharma Devi W/O Ramcharan v. State of Rajasthan

Case brief

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