Allowed

Devendra S/O Shri Hari Ram v. State of Rajasthan

Rajasthan HC24 Jan 2024CRLMB/722/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 Cr.P.C. concerning FIR No.06/2015 of CID (SOG) Jaipur for examination-unfair-means and cheating offences. The court allowed bail noting a similarly situated co-accused had already been granted pre-arrest bail.

What did the court decide?

Anticipatory bail on furnishing personal bond of Rs.50,000 with two sureties of Rs.25,000 each, subject to conditions of interrogation availability, non-tampering and no travel abroad without permissi

Devendra S/O Shri Hari Ram Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:4090]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 722/2024

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Devendra S/o Shri Hari Ram, Aged About 33 Years, R/o Village Sankad, Police Station Sanchore, Tehsil And District Sanchore 343040 (Raj.).

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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. Madhav Mitra, Sr. Adv. with Mr. Dinesh Bishnoi Mr. Veerendra Singh 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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24/01/2024

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The instant pre-arrest bail application has been filed under Section 438 Cr.P.C. on behalf of the petitioner, who is having apprehension of his arrest in connection with FIR No.06/2015 registered at Police Station C.I.D Jaipur, District CID (SOG) Jaipur for the offences under Sections 420 and 120-B of IPC and Sections 3, 4, 5, 6 and 6A of Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992.

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Learned counsel for the petitioner submits that accusedpetitioner has falsely been implicated in this case. He submits that FIR was registered in the year 2015 and charge-sheet has been filed against other co-accused persons, whereas the investigation against the petitioner was kept pending. He submits that the entire examination has already been cancelled. Similarly situated

[2024:RJ-JP:4090]

[CRLMB-722/2024]

(2 of 3)

co-accused-Sarita Beniwal has been granted benefit of pre-arrest bail by a co-ordinate bench of this court. He also submits that custodial interrogation of petitioner is not required in this matter.

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Learned Public Prosecutor opposes the bail application. 4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the totality of facts and circumstances of the case, especially the fact that similarly situated co-accused-Sarita Beniwal has been granted benefit of pre-arrest bail by a co-ordinate bench of this court, but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to allow this anticipatory bail application.

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Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station C.I.D Jaipur, District CID (SOG) Jaipur in FIR No.06/2015 is directed that in the event of arrest of the petitioner – Devendra S/o Shri Hari Ram , shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

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(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

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(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

(3 of 3)

[2024:RJ-JP:4090]

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(iii) that the petitioner shall not leave India without previous permission of the court.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /220

Devendra S/O Shri Hari Ram v. State of Rajasthan

Case brief

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Devendra S/O Shri Hari Ram v. State of Rajasthan

Case brief

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