Allowed

Hariom Suman S/O Shri Devi Lal v. State of Rajasthan

Rajasthan HC16 Jan 2024CRLMB/407/2024

Case brief

AI extract

What is this about?

This High Court allowed a bail application filed under Section 439 CrPC. The petitioner, confined since February 2023, sought release in a cheque-based case involving cheating, forgery, and criminal conspiracy. The court considered the delay in FIR and co-accused release, ordering bail on bond.

What did the court decide?

Petitioner enlarged on regular bail on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each before the Trial Judge.

Hariom Suman S/O Shri Devi Lal Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:2640]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 407/2024

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Hariom Suman S/o Shri Devi Lal, Aged About 42 Years, R/o House No. 204-B, Railway Workshop Colony, Near Kendriya Vidhyalay, P.s. Railway Colony, Kota City (Raj.).

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(At Present Confined In Central Jail Kota).

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----Petitioner

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Versus

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State of Rajasthan through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. M. Sharma, Advocate for Mr. Samarth Sharma, Advocate For Respondent(s) : Mr. N.S. Gurjar, Public Prosecutor

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

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16/01/2024

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Instant bail application has been preferred under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner, namely Hariom Suman in a case arising out of First Information Report bearing No.308/2022 registered at Police Station Gumanpura District Kota for offences punishable under Sections 420, 406, 467, 468, 471 & 120-B of Indian Penal Code.

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Submissions of learned counsel appearing for the petitioner are that the petitioner has falsely been involved in the case. Impugned F.I.R. was lodged after an inordinate delay of three years. Name of petitioner does not find place in the F.I.R. The charge-sheet has already been filed. Co-accused, namely Yogesh Gehlot, who was named in F.I.R. has already been released on bail by this Court vide its order dated 05.07.2023. The petitioner is behind the bars since 16.02.2023. The

[2024:RJ-JP:2640]

[CRLMB-407/2024]

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trial of the case will take a long time to conclude. Hence, the petitioner may be enlarged on bail.

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Learned Public Prosecutor appearing for the State has vehemently opposed the bail application.

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Heard learned counsel appearing for the accused-petitioner as well as the learned Public Prosecutor appearing for the State and perused the material made available on record.

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Considering the overall facts & circumstances of the case and the submissions made at bar but without commenting upon detailed merits of the case, this Court deems it proper to enlarge the petitioner on regular application.

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Accordingly, the bail application under Section 439 of Cr.P.C. is allowed and it is, hereby, ordered that the accused-petitioner, namely Hariom Suman son of Shri Devi Lal shall be enlarged on bail, if he is not required in any other case, provided 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 and as and when called upon to do so.

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(VINOD KUMAR BHARWANI),J.

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ASHOK-AD/26

Hariom Suman S/O Shri Devi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Hariom Suman S/O Shri Devi Lal v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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