Allowed

Nimesh Rajora S/O Shri Harish Kumar Rajora v. State of Rajasthan

Rajasthan HC27 Nov 2024CRLMB/5898/2024

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the Rajasthan High Court granted bail to three accused-petitioners. The order was based on the preliminary fact that material eye-witnesses had turned hostile and declined to identify the petitioners as culprits, making it just and proper to enlarge them on bail.

What did the court decide?

Each accused enlarged on bail upon furnishing a personal bond of Rs.50,000/ with two sureties of Rs.25,000/- each.

Nimesh Rajora S/O Shri Harish Kumar Rajora Vs State… — Cheating and Forgery | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 5898/2024

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Nimesh Rajora S/o Shri Harish Kumar Rajora, R/o Near Gandhi Park, Opposite Patanjali Shop, Police Station Kotwali, District Tonk, Rajasthan. (At Present Confined At Central Jail, Jaipur).

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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 IInd Bail Application No. 11607/2024 Dhruv Shekhawatiya @ Bhanu S/o Brij Mohan Sen, R/o Badatakhta, Police Station Kotwali, District Tonk, Rajasthan. (Presently Confined In Central Jail, Jaipur).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Public Prosecutor.

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----Respondent

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S.B. Criminal Miscellaneous IInd Bail Application No. 14242/2024 Chanchal Jain S/o Shri Kamal Kumar Jain, R/o Plot No. 92, Shastri Nagar, Police Station Kotwali, District Tonk, Rajasthan. (At Present Confined In Central Jail Jaipur, District Jaipur)

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----Petitioner

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Versus State Of Rajasthan, Through Pp ----Respon
For Petitioner(s) : Mr. Z.A. Naqvi, Sr. Adv. Mas. Rabiya Mateen Mr. Tarun Kumar Mishra Mr.Jagdish Nagar
For Respondent(s) : Ms. Aarti Sharma, Addl. Govt. Adv.

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----Respondent

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

[CRLMB-5898/2024]

(2 of 3)

27/11/2024

The instant bail applications have been filed under Section 439 Cr.P.C. on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No. 182/2024 registered at Police Station Bajaj Nagar, District Jaipur City (East) for the offence(s) under Sections 323, 341, 365 and 392 IPC.

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Learned counsel for the petitioners submit that the accusedpetitioners have falsely been implicated in this case. It is contended that all the material eye-witnesses i.e. PW-1 Ankit Nagar and PW-2 Akshay have been turned hostile and not supported the prosecution story. They have not identified the accused-petitioners as culprits in the said commission of offence. Petitioners are in custody since long and the trial of the case will take considerable time, therefore, the bail may be granted to the accused-petitioners.

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Per contra, learned Dy. Government Advocate opposes the bail application.

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Considering the arguments advanced by counsel for the parties and looking to the fact that material eye-witnesses and victim PW-1 Ankit Nagar and PW-2 Dashrath Singh have turned hostile and not supported the prosecution story and declined to identify the petitioners as culprits, therefore, without commenting anything further on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail.

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Accordingly, the first bail applications of accused-petitioner Nimesh Rajora S/o Shri Harish Kumar Rajora and second bail applications of Dhruv Shekhawatiya @ Bhanu S/o Brij Mohan Sen, and Chanchal Jain S/o Shri Kamal Kumar Jain under Section 439

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[CRLMB-5898/2024]

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(3 of 3)

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Cr.P.C. is allowed and it is ordered that the accused-petitioners in connection with FIR No. 182/2024 registered at Police Station Bajaj Nagar, District Jaipur City (East) 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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ashu /29-31

Nimesh Rajora S/O Shri Harish Kumar Rajora v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nimesh Rajora S/O Shri Harish Kumar Rajora v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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