Allowed

Chagnaram @ Kalu v. State of Rajasthan

Rajasthan HC18 Jan 2024CRLMB/266/2024

Case brief

AI extract

What is this about?

High Court at Jodhpur allowed a bail application under Section 439 Cr.P.C. for an accused charged with offences under Sections 419, 420, 406, and 120-B of the IPC. The court noted the offences are triable by a Magistrate and relied on prior bail jurisprudence to enlarge the petitioner on bail subject to a personal bond and two sureties.

What did the court decide?

Accused-petitioner allowed bail on a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each for appearance before the trial court.

Chagnaram @ Kalu Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JD:2849]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 266/2024

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Chagnaram @ Kalu S/o Puraram, Aged About 42 Years, R/o Village Narta, Grampanchayat Narta, P.s. Bhinmal Dist. Jalore, Recentrly Residing At House No. 143 Nehru Nagar, Kubernagar, Village And Dist. Naroda Ahmadabad (Presently Lodged At Dist. Jail Hanumangarh).

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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. Umesh Kant Vyas
For Respondent(s)	:	Mr. A.R. Choudhary, Dy.G.A.
		Mr. Jagdish Bishnoi
		Mr. D.L. Rawla

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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18/01/2024

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are

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tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	538/2023
2.	Concerned Police Station	Hanumangarh Junction
3.	District	Hanumangarh
4.	Offences alleged in the FIR	Under Sections 419, 420, 406 and 120-B of the IPC
5.	Offences added,if any	-
6.	Date of passing of impugned order	04.01.2024

(2 of 3)

[2024:RJ-JD:2849]

[CRLMB-266/2024]

It is contended on behalf of the accused-petitioner that the offences alleged are triable by a Court of magistrate. No case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made accused based on conjectures and surmises.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I have considered the submissions made by both the parties and have perused the material available on record. The offences alleged are triable by a Court of magistrate. This Court has elaborately dealt with the bail jurisprudence pertaining to offences which are triable by a court of Magistrate and has passed a detailed order in Dharmendra vs. State of Rajasthan (S.B. Criminal Miscellaneous Bail Application No.11530/2023) vide order dated 07.10.2023. In view of the deliberation and enunciation made therein and since there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided

[2024:RJ-JD:2849]

[CRLMB-266/2024]

(3 of 3)

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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(FARJAND ALI),J

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101-Samvedana/-

Chagnaram @ Kalu v. State of Rajasthan

Case brief

What is this about?

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Chagnaram @ Kalu v. State of Rajasthan

Case brief

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