Allowed

Smt. Kinna W/O Shri Mangal v. State of Rajasthan

Rajasthan HC18 Oct 2024CRLMB/9343/2024

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 482 BNSS by six accused facing Sections 420 and 406 IPC charges for failing to execute a sale deed after receiving payment. Court held it arose from an agreement to sell with no civil suit filed, and granted bail subject to conditions including personal bond and sureties.

What did the court decide?

Anticipatory bail granted to all six applicants on personal bond of Rs.50,000 with two sureties of Rs.25,000 each, subject to stated conditions.

Smt. Kinna W/O Shri Mangal Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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[2024:RJ-JP:43789]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 9343/2024

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Smt. Kinna W/o Shri Mangal, R/o Village Garhi Bhajana Tehsil And District Bharatpur At Present R/o Vijay Nagar Varso Ka Nagla, Bharatpur.

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Rajendra S/o Shri Mangal, R/o Village Garhi Bhajana Tehsil And District Bharatpur At Present R/o Vijay Nagar Varso Ka Nagla, Bharatpur.

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Brijesh S/o Shri Mangal, R/o Village Garhi Bhajana Tehsil And District Bharatpur At Present R/o Vijay Nagar Varso Ka Nagla, Bharatpur.

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Sanjay S/o Shri Mangal, R/o Village Garhi Bhajana Tehsil And District Bharatpur At Present R/o Vijay Nagar Varso Ka Nagla, Bharatpur.

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Devendra S/o Shri Mangal, R/o Village Garhi Bhajana Tehsil And District Bharatpur At Present R/o Vijay Nagar Varso Ka Nagla, Bharatpur.

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Smt. Anju D/o Shri Mangal W/o Shri Lalaram, R/o Nagla Charandas Jeevan Tehsil Weir District Bharatpur (Raj.)

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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. J.K. Moolchandani
For Respondent(s)	: Mr. Narender Singh Dhakad, PP
	Ms. Anisha Yadav & Mr. Chitransh
	Saxena both for Mr. Kapil Gupta

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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18/10/2024

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Instant bail application is preferred by applicants-accused Smt Kinna, Rajender, Brijesh, Sanjay, Devender and Smt. Anju under Section 482 of BNSS in a matter arising out of FIR No.

[2024:RJ-JP:43789]

[CRLMB-9343/2024]

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482/2024 registered at Police Station Mathura Gate, District Bharatpur under Sections 420 and 406 IPC.

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Learned counsel for applicants while referring the grounds of bail submits that in a civil dispute respondent-complainant has filed a criminal complaint to pressurize the applicants to execute a sale deed. He further submits that the entire cause of action arose on agreement to sell executed by five persons in favour of complainant Dr. Ashok Singh to sell a property. He further submits that if applicants have failed to execute a sale deed or perform their part of contract then a suit for specific performance can be filed by the complainant. He further submits that applicants have no criminal antecedents and were unnecessary dragged in a criminal litigation by complainant. 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. 4. Learned counsel for complainant submits that applicants have received payment from complainant but failed to execute sale deed in pursuant to agreement. She further submits that the complainant was cheated and offence was committed with dishonest intention for misappropriation of money.

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Heard learned counsel for the parties and learned Public Prosecutor. Perused the report. 6. On basis of an agreement dated 26.02.2019, a criminal complaint was filed by complainant Dr. Ashok Singh before the Court of ACJM No.2, Bharatpur and same was forwarded under Section 156 (3) of Cr.P.C. and FIR No. 482/2024 was registered at PS Mathuragate, Bharatpur. After investigation police has found

[2024:RJ-JP:43789]

[CRLMB-9343/2024]

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involvement of present applicants for offence under Sections 420, 406 and 120-B IPC.

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A perusal of material placed on record also reflect that these applicants have challenged the order by filing criminal misc. petition wherein also an interim order is in favour of applicants and according to police, the order was passed on 24.07.2024 in misc. petition No. 4576.

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Considering the facts and circumstances of the case particularly that the matter arises out of an agreement to sell between the parties executed on 26.02.2019 and no civil suit is filed by complainant, therefore, without expressing any opinion on merits of the case, it is appropriate to grant anticipatory bail to the applicants.

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In view of the facts and circumstances of the case, the bail application under Section 482 of BNSS, is hereby allowed and it is ordered that in the event of arrest of petitioners-applicants Smt. Kinna W/o Shri Mangal, Rajendra S/o Shri Mangal, Brijesh S/o Shri Mangal, Sanjay S/o Shri Mangal, Devendra S/o Shri Mangal and Smt. Anju D/o Shri Mangal W/o Shri Lalaramin connection with FIR No.482/2024 dated 30.05.2024 registered at P.S. Mathura Gate, District Bharatpur for offence under Sections 420 and 406 IPC, the applicants Smt. Kinna W/o

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Shri Mangal, Rajendra S/o Shri Mangal, Brijesh S/o Shri Mangal, Sanjay S/o Shri Mangal, Devendra S/o Shri Mangal and Smt. Anju D/o Shri Mangal W/o Shri Lalaram shall be released on bail upon furnishing a personal bond of Rs.50,000/with two sureties of like amount Rs.25,000/- to the satisfaction of the Investigating Officer on the following conditions:-

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[CRLMB-9343/2024]

(i) Till completion of investigation, the applicants shall not leave the jurisdiction of the concerned District without prior permission of the concerned Court.

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(ii) The applicants shall make themselves available for interrogation by the Investigating Officer as and when required in relation to present criminal case.

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(iii) The applicants 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 them from disclosing such facts to the Investigating Officer during investigation.

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(iv) The applicants shall not tamper with any evidence or try to influence any witness in any manner.

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(v) The applicants shall disclose his passport number, if any, to Investigating Officer and shall not leave the Country without prior permission from the concerned Court.

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(vi) The applicants shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

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(vii) Failure to comply with any of the aforementioned conditions, shall entail the cancellation of the anticipatory bail order.

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The Registry is directed to send a copy of this order to the Trial Court through E-mail.

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(ASHOK KUMAR JAIN),J

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GAURAV /247

Smt. Kinna W/O Shri Mangal v. State of Rajasthan

Case brief

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Smt. Kinna W/O Shri Mangal v. State of Rajasthan

Case brief

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