Rajasthan High Court - Jodhpur
Girdhar Singh vs State Of Rajasthan (2024:Rj-Jd:11536) on 7 March, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:11536]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 69/2024
Girdhar Singh S/o Khiv Singh @ Mag Singh, Aged About 47
Years, R/o Jasindhar Thana, Godroroad, Dist. Barmer.
(At Present Lodged At Dist. Jail Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 14884/2023
Girdhar Singh S/o Khiv Singh, Aged About 43 Years, R/o
Jasindhar Thana, Gadraroad, Dist. Barmer (At Present Lodged In
Dist. Jail, Anupgarh)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Sanjiv Kumar Bhatiya S/o Nandlal Bhatiya, R/o
Shreekaranpur, Dist. Sri Ganganagar
----Respondents
S.B. Criminal Miscellaneous Bail Application No. 14885/2023
Girdhar Singh S/o Khiv Singh, Aged About 43 Years, R/o
Jasindhar, Tehsil Gadroroad, Dist. Barmer. (At Present Lodged At
Dist. Jail Barmer)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Awan Kanwar W/o Ratan Singh, R/o Buldan Singh Ki
Dhani, Jalipa, Tehsil And Dist. Barmer.
----Respondents
S.B. Criminal Miscellaneous Bail Application No. 14887/2023
Girdhar Singh S/o Khiv Singh, Aged About 43 Years, R/o
Jasindhar Thana, Gadroroad, Dist. Barmer. (At Present Lodged At
Dist. Jail Barmer)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Bhur Singh S/o Mangal Singh, R/o Happo Ki Dhani, Barmer.
----Respondents
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S.B. Criminal Miscellaneous Bail Application No. 15041/2023
Girdhar Singh S/o Khiv Singh, Aged About 43 Years, R/o
Jasindhar Thana, Gadroroad, Dist. Barmer (At Present Lodged In
Dist. Jail, Udaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Virendra Jain S/o Surendra Jain, R/o Navjiwan Shakha
Prbhdhk Bus Stand Karnod Udaipur
----Respondents
S.B. Criminal Miscellaneous Bail Application No. 15296/2023
Girdhar Singh S/o Khiv Singh, Aged About 46 Years, R/o
Jasindhar Thana, Gadroroad, Dist. Barmer. (At Present Lodged At
Dist. Jail, Suratgarh)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Nandkishore Balotia S/o Paras Ram Balotia, R/o Sant
Ravidas Nagar, Gali No. 3, Bhadwasiya, Jodhpur.
----Respondents
S.B. Criminal Miscellaneous Bail Application No. 16037/2023
Girdhar Singh S/o Khiv Soni, Aged About 43 Years, Age About 43
Years R/o Jasindhar Thana Godropad District Barmer.(At Present
Lodged At Central Jail Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Kirti Soni D/o Rajesh Soni, R/o Bansi Niwas Cycle Market
Gnantagarh Joddhpur.
----Respondents
S.B. Criminal Miscellaneous Bail Application No. 16297/2023
Girdhar Singh S/o Khiv Singh, Aged About 43 Years, R/o
Jasindhar Thana Gardrorad District Barmer (At Present Lodged
At District Jail Hanumangarh)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Ajay Kumar S/o Jainarayan, R/o Ward No 14 Sangaria Tehsil
Sangaria District Hanumangarh
----Respondents
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S.B. Criminal Miscellaneous Bail Application No. 12/2024
Girdhar Singh S/o Khinv Singh, Aged About 47 Years, R/o
Jaisindhar, Police Station Gadra Road, Dist. Barmer. (At Present
Lodged In Dist. Jail, Pali)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Gulab Khan S/o Jahur Khan, R/o Aaua, Tehsil Marwar
Junction, Dist. Pali.
----Respondents
S.B. Criminal Miscellaneous Bail Application No. 13/2024
Girdhar Singh S/o Khinv Singh, Aged About 47 Years, R/o
Jaisindhar, Police Station Gadra Road, Dist. Barmer. (At Present
Lodged In Dist. Jail, Pali)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Manohar S/o Kan Singh, R/o Ramji Ka Guda, Police Station
Khinwara, Dist. Pali, At Present Head Constable Police
Station Sojat City, Dist. Pali.
----Respondents
S.B. Criminal Miscellaneous Bail Application No. 18/2024
Girdhar Singh S/o Khiv Singh, Aged About 43 Years, R/o
Jasindhar Thana, Gadroroad, Dist. Barmer. (At Present Lodged At
Dist. Jail, Jalore)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Smt. Ummadi Devi W/o Babu Lal, R/o Ummedabad, P.S.
Bishangarh, Dist. Jalore.
----Respondents
S.B. Criminal Miscellaneous Bail Application No. 72/2024
Girdhar Singh S/o Khiv Singh @ Mag Singh, Aged About 47
Years, R/o Jasindhar Thana, Gadroroad, Dist. Barmer. (At
Present Lodged At Dist. Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 90/2024
Girdhar Singh S/o Khiv Singh Alias Mag Singh, Aged About 47
Years, R/o Jasindhar Thana, Gadroroad, Dist. Barmer. (At
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Present Lodged At Dist. Jail Bhilwara).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Neel Kamal Bohra
Mr. Gokulesh Bohra
Mr. Gajendra Panwar
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order 07/03/2024
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
S.No. Particulars of the Case 1. FIR Number 273/2020
2. Concerned Police Station Gulabpura
3. District Bhilwara
4. Offences alleged in the Under Sections 406 and 420 FIR (S.B. CRLMB of the IPC No.69/2024)
5. Offences added, if any Under Section 409 of the (S.B. Criminal Misc. Bail IPC Application No.69/2024)
6. Date of passing of 18.12.2023 impugned order (S.B. CRLMB No.69/2024) 7. FIR Number 177/2019
8. Concerned Police Station Shreekaranpur
9. District Ganganagar
10. Offences alleged in the Under Sections 420 and FIR (S.B. CRLMB 120-B of the IPC No.14884/2023) (Downloaded on 11/03/2024 at 08:39:14 PM) [2024:RJ-JD:11536] (5 of 10) [CRLMB-69/2024]
11. Offences added, if any Under Section 409 of the (S.B. Criminal Misc. Bail IPC Application No.14884/2023)
12. Date of passing of 21.10.2023 impugned order (S.B. CRLMB No.14884/2023) 13. FIR Number 470/2019
14. Concerned Police Station Kotwali Barmer
15. District Barmer
16. Offences alleged in the Under Sections 420 and 406 FIR (S.B. CRLMB of the IPC No.14885/2023)
17. Offences added, if any Under Section 409 of the (S.B. Criminal Misc. Bail IPC Application No.14885/2023)
18. Date of passing of 19.10.2023 impugned order (S.B. CRLMB No.14885/2023) 13. FIR Number 302/2022
14. Concerned Police Station Kotwali, Barmer
15. District Barmer
16. Offences alleged in the Under Sections 420, 406 FIR (S.B. CRLMB and 120-B of the IPC No.14887/2023)
17. Offences added, if any --
(S.B. Criminal Misc. Bail Application No.14887/2023)
18. Date of passing of 19.10.2023 impugned order (S.B. CRLMB No.14887/2023) 25. FIR Number 500/2019
26. Concerned Police Station Hiran Magri
27. District Udaipur
28. Offences alleged in the Under Sections 420 and 406 FIR (S.B. CRLMB of the IPC No.15041/2023)
29. Offences added, if any Under Section 120-B of the (S.B. Criminal Misc. Bail IPC Application No.15041/2023)
30. Date of passing of 15.09.2023 impugned order (S.B. CRLMB No.15041/2023) (Downloaded on 11/03/2024 at 08:39:14 PM) [2024:RJ-JD:11536] (6 of 10) [CRLMB-69/2024] 31. FIR Number 457/2019
32. Concerned Police Station Mahamandir
33. District Jodhpur City East
34. Offences alleged in the Under Sections 406 and 420 FIR (S.B. CRLMB of the IPC No.15296/2023)
35. Offences added, if any Under Section 409 of the (S.B. Criminal Misc. Bail IPC Application No.15296/2023)
36. Date of passing of 22.11.2023 impugned order (S.B. CRLMB No.15296/2023) 37. FIR Number 517/2019
38. Concerned Police Station Pratap Nagar
39. District Jodhpur City West
40. Offences alleged in the Under Sections 420 and 406 FIR (S.B. CRLMB of the IPC No.16037/2023)
41. Offences added, if any Under Section 409 of the (S.B. Criminal Misc. Bail IPC Application No.16037/2023)
42. Date of passing of 18.11.2023 impugned order (S.B. CRLMB No.16037/2023) 43. FIR Number 246/2019
44. Concerned Police Station Sangaria
45. District Hanumangarh
46. Offences alleged in the Under Sections 420 and 406 FIR (S.B. CRLMB of the IPC No.16297/2023)
47. Offences added, if any Under Sections 409 and (S.B. Criminal Misc. Bail 120-B of the IPC Application No.16297/2023)
48. Date of passing of 01.11.2023 impugned order (S.B. CRLMB No.16297/2023) 49. FIR Number 271/2019
50. Concerned Police Station Marwar Junction
51. District Pali
52. Offences alleged in the Under Sections 420, 407, FIR (S.B. CRLMB 408 and 120-B of the IPC No.12/2024) (Downloaded on 11/03/2024 at 08:39:14 PM) [2024:RJ-JD:11536] (7 of 10) [CRLMB-69/2024]
53. Offences added, if any Under Section 409 of the (S.B. Criminal Misc. Bail IPC Application No.12/2024)
54. Date of passing of 08.11.2023 impugned order (S.B. CRLMB No.12/2024) 55. FIR Number 308/2019
56. Concerned Police Station Marwar Junction
57. District Pali
58. Offences alleged in the Under Sections 420 and FIR (S.B. CRLMB 120-B of the IPC No.13/2024)
59. Offences added, if any Under Section 409 of the (S.B. Criminal Misc. Bail IPC Application No.13/2024)
60. Date of passing of 08.11.2023 impugned order (S.B. CRLMB No.13/2024) 61. FIR Number 60/2021
62. Concerned Police Station Kotwali, Jalore
63. District Jalore
64. Offences alleged in the Under Sections 420, 406 FIR (S.B. CRLMB and 120-B of the IPC No.18/2024)
65. Offences added, if any --
(S.B. Criminal Misc. Bail Application No.18/2024)
66. Date of passing of 11.12.2023 impugned order (S.B. CRLMB No.18/2024) 67. FIR Number 270/2020
68. Concerned Police Station Gulabpura
69. District Bhilwara
70. Offences alleged in the Under Sections 406 and 420 FIR (S.B. CRLMB of the IPC No.72/2024)
71. Offences added, if any Under Section 409 of the (S.B. Criminal Misc. Bail IPC Application No.72/2024)
72. Date of passing of 18.12.2023 impugned order (S.B. CRLMB No.72/2024) 73. FIR Number 313/2020
74. Concerned Police Station Gulabpura
75. District Bhilwara (Downloaded on 11/03/2024 at 08:39:14 PM) [2024:RJ-JD:11536] (8 of 10) [CRLMB-69/2024]
76. Offences alleged in the Under Sections 406 and 420 FIR (S.B. CRLMB of the IPC No.90/2024)
77. Offences added, if any Under Section 409 of the (S.B. Criminal Misc. Bail IPC Application No.90/2024)
78. Date of passing of 18.12.2023 impugned order (S.B. CRLMB No.90/2024)
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. I have considered the submissions made by both the parties and have perused the material available on record.
5. For one culpable action of running a cooperative society for the purpose of inducing the public for investment, as many as 48 cases have been lodged against the petitioner. He is behind the bars since the last four years. In one of the cases, he has been acquitted and has been bailed out in 24 other cases. Dishonest intention is the basic element to constitute the offence under Section 420 of the IPC besides inducement and delivery of the property under the influence of said inducement. The above are the facts which are open to the (Downloaded on 11/03/2024 at 08:39:14 PM) [2024:RJ-JD:11536] (9 of 10) [CRLMB-69/2024] parties to moot and can be adjudicated only after the entire material is brought on record during the course of trial. As on date, it is reflecting that the petitioner is languishing in jail since the last four years and the case is exclusively triable by the Court of Magistrate. Besides this, applicability of the Sections 41 and 41-A of the Cr.P.C. and the judgments passed by Hon'ble the Supreme Court in case of Arnesh Kumar vs. State of Bihar reported in AIR 2014 SC 2756; Joginder Kumar vs. State Of U.P. reported in 1994 AIR 1349 as well as the celebrity judgment passed by Hon'ble the Supreme Court in case of Sanjay Chandra vs. CBI reported in AIR 2012 SC 830, applies squarely in this case. In the cases which are exclusively triable by Court of Magistrate, this Court has elaborately dealt with the issue regarding release of accused on bali in a bail application titled as Dharmendra vs. State of Rajasthan (S.B. Criminal Miscellaneous Bail Application No.11530/2023) vide order dated 07.10.2023. In view of the deliberation and enunciation made therein and since there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.
6. Accordingly, the instant bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-
petitioner as named in the cause titles shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the (Downloaded on 11/03/2024 at 08:39:14 PM) [2024:RJ-JD:11536] (10 of 10) [CRLMB-69/2024] satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J 42-54-Ashutosh/-
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