Rajasthan High Court - Jaipur
Changa Prasad Yadav S/O Shri Jagdish ... vs State Of Rajasthan on 2 September, 2019
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11713/2019
Changa Prasad Yadav S/o Shri Jagdish Prasad Yadav, R/o Vill.
Khedki Mahendergarh Harayana At Present 78, 79, 80, Shriram
Vatika Ramlya Wala Amer Dist. Jaipur Presently Confined In
Central Jail Jaipur
----Petitioner
Versus
State Of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Prem Chand Dewanda.
For Complainant(s) : Mr. Karamveer.
For State : Mr. Bhawani Shankar Sharma, PP.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
02/09/2019
1. Petitioner has filed this bail application under Section 439 of Cr.P.C.
2. F.I.R. No.445/2017 was registered at Police Station Murlipura, Jaipur for offence under Sections 420, 406 of I.P.C.
3. It is contended by counsel for the petitioner that the allegation in the FIR is that a plot was sold to the complainant and Rs.1,51,000/-(one lac fifty one thousand) was taken from the complainant in the year 2015. It is contended that there is an inordinate delay of more than four years in lodging of FIR.
4. Learned Public Prosecutor and counsel for the complainant have opposed the bail application. It is contended that delay cannot be made a ground for grant of bail where there is an allegation of cheating.
(Downloaded on 03/09/2019 at 09:22:38 PM)
(2 of 2) [CRLMB-11713/2019]
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.
7. This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
(PANKAJ BHANDARI),J CHANDAN /63 (Downloaded on 03/09/2019 at 09:22:38 PM) Powered by TCPDF (www.tcpdf.org)