Allowed

Shankar Meghwal S/O Khiyaram v. State of Rajasthan

Rajasthan HC16 Jan 2024CRLMB/440/2024

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a bail application filed by Shankar Meghwal under Section 439 Cr.P.C. He was arrested for theft and criminal conspiracy. The court granted bail considering the offence is triable by a Magistrate, co-accused were released, and custodial period.

What did the court decide?

Accused petitioner released on bail by furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each, with strict conditions for appearance.

Shankar Meghwal S/O Khiyaram Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:2509]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 440/2024

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Shankar Meghwal S/o Khiyaram, Aged About 27 Years, R/o Mogas, P.s. Degana, District Nagaur, Rajasthan. (At Present In Central Jail, Ajmer).

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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. Pradeep Sharma For Respondent(s) : Mr. M.K. Sheoran, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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16/01/2024

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The instant bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.183/2023 registered at Police Station Gandhinagar, District Ajmer for the offence under Section 379 of IPC. Later on, police filed the charge-sheet in this matter for the offences under Sections 379 & 120-B of IPC.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged offences are triable by Magistrate and maximum punishment for the same is three years. He further submits that co-accused Naresh @ Nainaram has been granted bail by this Court vide order dated 08.01.2024 passed in S.B. Criminal Misc. Bail Application No.53/2024. He further submits that the petitioner is in custody since 18.08.2023 and his

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[2024:RJ-JP:2509]

[CRLMB-440/2024]

further custody would not serve any fruitful purpose. Chargesheet has been filed in this case and trial of the case will take considerable time.

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Learned Public Prosecutor opposes the bail application and submits that 14 other cases have been registered against the petitioner.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that alleged offences are triable by Magistrate and maximum punishment for the same is three years, co-accused has been granted bail by this Court, charge-sheet has been filed in the matter and looking to the custody period of the petitioner, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner - Shankar Meghwal S/o Khiyaram, who has been arrested in connection with FIR No.183/2023 registered at Police Station Gandhinagar, District Ajmer, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

[2024:RJ-JP:2509]

[CRLMB-440/2024]

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However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station once in every month, till trial is concluded. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to petitioner by this Court.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /13

Shankar Meghwal S/O Khiyaram v. State of Rajasthan

Case brief

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Shankar Meghwal S/O Khiyaram v. State of Rajasthan

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