Allowed

Sardar S/O Omkar v. State of Rajasthan

Rajasthan HC13 Mar 2024CRLMB/3080/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 CrPC for three accused arrested for offences under Sections 420, 270, 272, 273 and 120B IPC. Court noted the matter was triable by a Magistrate and trial would take time, and granted bail on personal bonds with sureties.

What did the court decide?

Petitioners enlarged on bail on personal bond of Rs.50,000 each with two sureties of Rs.25,000 each.

Sardar S/O Omkar Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:12670]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 3080/2024

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Sardar S/o Omkar, Aged About 40 Years, R/o Mahasingh Ka Bas, Police Station Viratnagar, District Kotputli Behror. (At Present Confined In Central Jail, Kotputli).

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Digamber S/o Harisingh, Aged About 29 Years, R/o Sancholi, Police Station Kaushi, District Mathura, Uttar Pradesh. (At Present Confined In Central Jail, Kotputli).

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Surajpal S/o Premsingh, Aged About 39 Years, R/o Basfateli, Police Station Eglas, District Aligarh, U.p. (At Present Confined In Central Jail, Kotputli).

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----Petitioners

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State Of Rajasthan, Rajasthan.	Versus Through Pp, Shahpura, D
For Petitioner(s)	: Mr. Gaurav Singh Tanwar
For Respondent(s)	: Mr. C. G. Chopra-PP

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State Of Rajasthan, Through Pp, Shahpura, District Jaipur, Rajasthan.

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----Respondent

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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13/03/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.89/2024 registered at Police Station Shahpura (Jaipur Rural), District Jaipur Rural for the offence(s) under Sections 420, 270, 272, 273 and 120B of IPC.

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Learned counsel for the petitioners submits that the accusedpetitioners have been falsely implicated in the case. He further contends that police has no right to initiate the proceedings under Sections 270, 272 and 273 of IPC as under Section 89 of the Food

[2024:RJ-JP:12670]

[CRLMB-3080/2024]

(2 of 2)

Safety Act, only concerned Food Inspector can initiate the proceedings. He submits that the matter is triable by Magistrate. He further submits that the trial of the case may take considerable time, therefore, the benefit of bail should be granted to the accused-petitioners.

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Per contra, learned Public Prosecutor vehemently opposes the bail application.

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Without commenting anything on the merits of the case and considering the fact that matter is triable by Magistrate and the trial of the case may take considerable time, I deem it just and proper to enlarge the accused-petitioners on bail.

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Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners (i) Sardar S/o Omkar, (ii) Digamber S/o Harisingh and (iii) Surajpal S/o Premsingh in connection with FIR No.89/2024 registered at Police Station Shahpura (Jaipur Rural), District Jaipur Rural shall be enlarged on bail provided each of them furnish 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 their appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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153-Rahul Joshi

Sardar S/O Omkar v. State of Rajasthan

Case brief

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Sardar S/O Omkar v. State of Rajasthan

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