Rajasthan High Court - Jodhpur
Piyush Jain vs Uoi on 15 January, 2020
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Criminal Miscellaneous Bail Application No. 557/2020
1. Piyush Jain S/o Kesarimal Jain, Aged About 37 Years, 29,
Maryada Nagar, 100 Feet Road, Bhuwana, Udaipur.
(On Interim Bail Due To Death Of His Grandfather).
2. Vijay Nimbawat S/o Kesu Lal, Aged About 37 Years, R/o
157 Krishnapura, Udaipur.
3. Mahendra Meghwal S/o Nathu Lal, Aged About 36 Years,
R/o 3 Near Nootan Gas Godowan, Kheda Sewana,
Udaipur.
(Presently, petitioners No.2 & 3 are Confined At Central
Jail Jodhpur).
----Petitioners
Versus
Uoi, Through C.b.i.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 514/2020
Phool Singh Meena S/o Shree Gangashaya Meena, Aged About
53 Years, By Caste Meena, R/o 184, Taru Chaya Nagar, Tonk
Road, Jaipur, Rajasthan.
(At Present Lodged In Central Jail Jodhpur).
----Petitioner
Versus
Uoi, Through Central Bureau Of Investigation.
----Respondent
For Petitioner(s) : Mr. Vikram Singh Rajpurohit.
Mr. Yogendra Singh Charan.
Mr. Ankur Mathur.
For Respondent(s) : Dr. Sachin Acharya, Special PP for CBI
Mr. Mukesh Bansal, Inspector, CBI
present in person.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 15/01/2020 (Downloaded on 16/01/2020 at 10:42:22 PM) (2 of 4) [CRLMB-557/2020] The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.009/2016, Police Station Special CBI, Jodhpur for the offences under Sections 120-B read with 420, 467, 468, 471 of IPC.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
It is submitted by learned counsel for the petitioners that FIR was lodged in the year 2016 and the matter was investigated thoroughly for four years and the charge sheet was filed before the court of learned Special Judge, CBI, Jodhpur in the year 2019. It is also submitted that the petitioners were not required for custodial interrogation by the investigating agency and whatever material was supplied by the petitioners, was taken by the investigating agency and whatever material was asked for from the petitioners was also supplied to them by the petitioners. After filing of the charge sheet, the petitioners were arrested in view of rejection order dated 08.01.2020 passed by learned Special Judge, CBI, Jodhpur.
The counsel for the petitioners relies upon the judgment of the Hon'ble Supreme Court in the case of Data Ram Singh V/s State of U.P. in which the Hon'ble Supreme Court has held as under:-
"17. In our opinion, it is not necessary to go into the correctness or otherwise of the allegations made against the appellant. This is a matter that will, of course, be dealt with by the trial judge. However, what is important, as far as we are concerned, is that during the entire period of investigations which appear to have been spread (Downloaded on 16/01/2020 at 10:42:22 PM) (3 of 4) [CRLMB-557/2020] over seven months, the appellant was not arrested by the investigating officer. Even when the appellant apprehended that he might be arrested after the charge sheet was filed against him, he was not arrested for a considerable period of time. When he approached the Allahabad High Court for quashing the FIR lodged against him, he was granted two months time to appear before the trial judge. All these facts are an indication that there was no apprehension that the appellant would abscond or would hamper the trial in any manner. That being the case, the trial judge, as well as the High Court ought to have judiciously exercised discretion and granted bail to the appellant. It is nobodys case that the appellant is a shady character and there is nothing on record to indicate that the appellant had earlier been involved in any unacceptable activity, let alone any alleged illegal activity".
Further, learned counsel for the petitioners places reliance upon order dated 14.02.2018 passed by this court at Jaipur Bench in S.B.Criminal Misc. Bail No.191/2018 (Jitendra Singh Jhala V/s State of Rajasthan) & S.B.Criminal Misc. Bail No.1852/2018 (Rajendra Singhal V/s CBI through Special P.P). The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioners may be enlarged on bail.
The learned Special PP for CBI opposes opposes the bail in general. However, he is not in position to dispute the fact that the petitioners were not taken in judicial custody and arrested during the course of investigation.
Having regard to the facts and circumstances of the case, upon a consideration of the arguments advanced and in the light of the judgment passed by the Supreme Court in the case of Dataram Singh (supra), this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted. (Downloaded on 16/01/2020 at 10:42:22 PM)
(4 of 4) [CRLMB-557/2020] Consequently, the bail applications are allowed. It is ordered that the accused-petitioners Piyush Jain S/o Kesarimal Jain, Vijay Nimbawat S/o Kesu Lal, Mahendra Meghwal S/o Nathu Lal & Phool Singh Meena S/o Shree Gangashaya Meena arrested in connection with F.I.R. No.009/2016, Police Station Special CBI, Jodhpur shall be released on bail; provided they furnish a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) each with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(VINIT KUMAR MATHUR),J 120 & 121-Anil Singh/-
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