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Rajasthan High Court - Jaipur

Hariom Suman S/O Late Shri Devi Lal vs State Of Rajasthan (2024:Rj-Jp:2048) on 11 January, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:2048]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 14375/2023

Sanjay Kumar Kashyap S/o Shri Jhabbu Lal, Aged About 45
Years, R/o Sarkari School Ke Samne Wali Gali, Shriram Nagar,
D.C.M.     Kota,    Police       Station   Udhyog        Nagar,    District   Kota,
Rajasthan. (At Present Confined In Central Jail, Kota)
                                                                     ----Petitioner
                                      Versus
1.       The State Of Rajasthan, Through PP
2.       Bhupendra Singh S/o Jagdish Singh Naruka, R/o A-606,
         Aanandam Apartment Devasish City, Borkheda, Kota City,
         Rajasthan.
                                                                  ----Respondents

Connected With S.B. Criminal Miscellaneous Bail Application No. 302/2024 Hariom Suman S/o Late Shri Devi Lal, Aged About 42 Years, R/o House No.204-B, Railway Workshop Colony, Near Kendriya Vidhyalaya, P.S. Railway Colony, Kota City (Raj.) (At Present Confined In Central Jail Kota)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent For Petitioner(s) : Mr. Avtar Singh Rathore Mr. Kapil Nagayach Mr. Samarth Sharma For Respondent(s) : Mr. M.K. Sheoran, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/01/2024

1. These bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners, who have been arrested in connection with FIR No.433/2022 registered at Police Station (Downloaded on 28/01/2024 at 07:44:30 PM) [2024:RJ-JP:2048] (2 of 3) [CRLMB-14375/2023] Gumanpura, District Kota City for offences under Sections 420, 406, 467, 468, 471 & 120-B of IPC. Later on, police filed charge- sheet for offences under Sections 420, 406, 467, 468, 471 & 120- B of IPC and Sections 3, 4, 5 & 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

2. It is contended by counsel for the petitioners that the petitioners have falsely been implicated in this case. Learned counsel submit that on the basis of vague allegations, arrest of the petitioners has been made. It is further submitted that the alleged offences are triable by Magistrate. Petitioners are in custody since 14.11.2022. It is further contended that charge-sheet has been filed and trial is likely to consume time.

3. Learned Public Prosecutor has opposed the bail applications and submits that in a planned manner, forgery has been committed and number of cases have been registered against the petitioners.

4. I have considered the contentions.

5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for both the parties and the fact that offences are triable by Magistrate, charge-sheet has been filed in the matter and period of custody, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the petitioners on bail.

6. These bail applications are accordingly allowed and it is directed that accused petitioners - (1) Sanjay Kumar Kashyap S/o Shri Jhabbu Lal (2) Hariom Suman S/o Late Shri Devi (Downloaded on 28/01/2024 at 07:44:30 PM) [2024:RJ-JP:2048] (3 of 3) [CRLMB-14375/2023] Lal, shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that they 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.

7. However, it is made clear that the petitioners shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioners are further directed to mark their presence in the concerned police station on first Monday of every month, till trial is concluded. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to them by this Court.

8. A copy of this order be placed in each file.

(ANIL KUMAR UPMAN),J CHARU SONI /34-35 (Downloaded on 28/01/2024 at 07:44:30 PM) Powered by TCPDF (www.tcpdf.org)