Rajasthan High Court - Jaipur
Laxman @ Goru vs State Of Rajasthan Through P P on 5 July, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S. B. Criminal Miscellaneous Bail Application No. 7790 / 2017
Laxman @ Goru S/o Shri Gopal Lal Jat B/c Jat, Aged About 27
Years, R/o Devanda Ki Dhani, Village Dhami Kalla, Police Station
Bagru, Distt. Jaipur, Rajasthan (at Present Confined in Central Jail
Jaipur)
---Accused--Petitioner
Versus
State of Rajasthan Through Public Prosecutor
----Respondent _____________________________________________________ For Petitioner(s) : Mr. K.K. Chhawal For Respondent(s) : Mr. Narendra Mohan Public Prosecutor : Mr. S.K. Saini along with Mr. B.N. Sandhu, AAG _____________________________________________________ HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order 05/07/2017 The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioner Laxman @ Goru in the matter of FIR No. 437/2016 registered at Police Station Bagru, District Jaipur for offences punishable under Sections 389 and 120-B of IPC after investigation Police added Section 384 of IPC.
Learned counsel for the petitioner Mr. K.K. Chhawal submits that petitioner is implicated falsely in this case and he is in custody since 04.02.2017 and the alleged offence is triable by first class Magistrate, therefore, petitioner may also be released on bail.
(2 of 3) [CRLMB-7790/2017] Per contra learned Public Prosecutor Mr. S.K. Saini opposed the bail application and submits that there is chequered history of this case that victim Sitaram Agarwal filed a criminal complaint against the present petitioner for offence punishable under Section 138 of N.I. Act, for which cognizance was taken against the present petitioner and trial is going on during trial of aforesaid criminal case petitioner pressurised complainant Sitaram Agarwal for withdrawing aforesaid criminal case and when victim Sitaram Agarwal refused for that, petitioner- accused criminally conspired with other co-accused and with the help of co-accused Manisha Jain @ Pooja lodged a report against victim for offence punishable under Section 376 (h) IPC wherein victim was arrested by the Investigating Officer and after investigation Police submitted negative final report in that case but victim Sitaram Agarwal remained in custody for about 90 days. Prior to lodging FIR No. 663/2016 at Police Station Muhana son of victim Sitaram Agarwal submitted report on which FIR No. 437/2016 wherein he clearly stated that petitioner in connivance of other co-accused extorted total 8,70,000/- Rs. from victim. He submits that this is not a case of simple extortion but it is a case, punishable under Sections 211 read with Section 195 and 376 (h) IPC also. He further submits that co- accused have not been arrested yet and investigation under Sections 173 (8) Cr.P.C. is still pending, therefore, at this stage the bail application of present petitioner who is main accused, may be dismissed.
On consideration of submissions made on behalf of the respective parties and the material made available for my (3 of 3) [CRLMB-7790/2017] perusal as well as the evidence collected during investigation, I prima facie found that there is sufficient evidence available on record showing involvement of the petitioner in the present case, looking to the over all facts and circumstances of the case, gravity of the offence specially the fact that investigation under Section 173 (8) Cr.P.C. is still pending, therefore considering the seriousness of allegations against the present petitioner, and without expressing any final opinion on the merit and de-merit of the case, I am not inclined to grant benefit of bail to the accused-petitioner.
Consequently, the bail application filed under Section 439 Cr.P.C. is dismissed.
(BANWARI LAL SHARMA)J. S. Kumawat/113