Allowed

Aazad S/O Khairati v. State of Rajasthan

Rajasthan HC26 Jul 2024CRLMB/5501/2024

Case brief

AI extract

What is this about?

High Court allowed bail applications filed by multiple accused-petitioners booked under IPC Sections 420, 406, and 120-B for cheque forgery and cheating. Despite prosecution's objection regarding habitual offending and the nature of the crime, the Court emphasized the length of custody and the Magistrate-level triability to grant bail with bond and sureties.

What did the court decide?

Bail allowed for each petitioner on furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each to the trial Judge.

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

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[2024:RJ-JP:31611]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No.5499/2024

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Irsad S/o Asru, Aged About 27 Years, R/o Neemla, Police Station Kaithwada, District Deeg.

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(At Present Confined In Sub Jail Deeg District Deeg).

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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 Bail Application No. 5500/2024

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Saikul S/o Juhru, Aged About 28 Years, R/o Nandera, Police Station Kaman, Presently Resident Of Neemla, Police Station Kathwada, District Deeg.

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(At Present Petitioner Is Lodged In Sub Jail, Deeg)

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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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S.B. Criminal Miscellaneous Bail Application No. 5501/2024 1. Aazad S/o Khairati, Aged About 50 Years, R/o Neemla, Police Station Kaithwada, District Deeg.

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(At Present Accused Petitioner Confined In Sub Jail, Deeg).

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Nasru S/o Khairati, Aged About 63 Years, R/o Neemla, Police Station Kaithwada, District Deeg.

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(At Present Accused Petitioner Confined In Sub Jail, Deeg).

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Sabbir S/o Samsu, Aged About 45 Years, R/o Gadarvas, Police Station Khoh, District Deeg.

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(At Present Accused Petitioner Confined In Sub Jail, Deeg).

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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S.B. Criminal Miscellaneous Bail Application No. 5765/2024

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Jaikam S/o Khairati, Aged About 45 Years,

(2 of 3)

[2024:RJ-JP:31611]

[CRLMB-5499/2024]

Asru S/o Khairati, Aged About 60 Years,

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Both are R/o Neemla, Police Station Kaithwada, District Deeg. (At Present Accused Petitioners Confined In Sub Jail, Deeg).

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----Petitioners

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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. Rahul Sinsinwar, Adv. Mr. Liyakat Khan, Adv. Mr. Aslam S. Khan, Adv. For Respondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

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26/07/2024

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These bail applications have been filed under Section 439 Cr.P.C. on behalf of accused-petitioners. The accused-petitioners have been arrested in connection with FIR No.29/2024 registered at Police Station Kaithwada, District Deeg for the offence(s) under Sections 420, 406 and 120-B of IPC.

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Learned counsel for the petitioners submit that the accusedpetitioners have falsely been implicated in this case. The accusedpetitioners are in custody since long and charge-sheet has already been produced before the trial Court, the trial of the case may take considerable time and the offences alleged against the petitioners are exclusively triable by Magistrate, therefore, the bail applications of the accused-petitioners may be allowed.

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Learned Public Prosecutor vehemently opposes the grant of bail applications and it is contended that the petitioners are habitual offender. Against the petitioners namely Irsad, Asru, Nasru and Aazad, two cases were instituted under the various

[2024:RJ-JP:31611]

[CRLMB-5499/2024]

(3 of 3)

offences. It is also contended that the petitioners along with other co-accused in pretext of marriage of complainant-daughter, obtained huge amount from the complainant. After investigation, it was revealed that the other persons were also cheated by the petitioners by giving false commitments to the persons to marry their daughter's and have obtained huge amount from them, therefore considering the allegations levelled against the petitioners, the bail applications of the petitioners deserves to be dismissed.

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Heard and perused the charge-sheet.

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It is not desirable to express anything on the merits of the case and considering the fact that the petitioners have remained in custody since long, the offences are exclusively triable by Magistrate, I deem it just and proper to enlarge the accusedpetitioners on bail.

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Accordingly, these bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners namely, 1. Irsad S/o Asru, 2. Saikul S/o Juhru, 3. Aazad S/o Khairati, 4. Nasru S/o Khairati, 5. Sabbir S/o Samsu, 6. Jaikam S/o Khairati and 9. Asru S/o Khairati, in connection with FIR No.29/2024, registered at Police Station Kaithwada, District Deeg 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 and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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Ashwani Kr Srivastava /-23-26

Aazad S/O Khairati v. State of Rajasthan

Case brief

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Aazad S/O Khairati v. State of Rajasthan

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