Rajasthan High Court - Jaipur
Omprakash Son Of Late Shri Kanhaiyalal vs State Of Rajasthan on 26 April, 2022
Author: Chandra Kumar Songara
Bench: Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 6168/2022
1. Omprakash Son Of Late Shri Kanhaiyalal, Aged About 56
Years, Bajrang Nagar, Main Road, Hadothi Gas Godam Ke
Pass, Shree Nath Aata Chakki, Bajrang Nagar, Kota Police
Station Borkheda, Kota District Kota (Raj.) ( At Present
Confined In District Jail Baran)
2. Deendayal Son Of Late Shri Kanhaiyalal, Aged About 67
Years, Resident Of Plot No. 37, Sonu Bihar, Kala Talab
Road, Nahar Ke Pass, Borkheda, Kota, Police Station
Borkheda, District Kota (Raj.) ( At Presently Confined In
District Jail Baran)
----Petitioners
Versus
State Of Rajasthan, Through PP.
----Respondent
Connected With S.B. Criminal Miscellaneous Bail Application No. 6169/2022 Nand Kumar S/o Late Kanhaiyalal, Aged About 61 Years, R/o H. N. 184 Rangbihar Opp. Mataji Ka Mandir Mahaveer Nagar Third Kota P.s. Mahaveer Nagar District Kota ( At Present Confined At District Jail Baran)
----Petitioner Versus State Of Rajasthan, Through P.P.
----Respondent For Petitioner(s) : Mr. Pawan Kumar Verma Mr. Abdul Kalam Khan For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 26/04/2022 These bail applications have been filed under Section 439 of Cr.P.C. in connection with FIR No. 35/2022 registered at Police Station Kotwali, District Baran for the offences under Sections 420, 467, 468, 471 & 120-B of IPC.
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(2 of 2) [CRLMB-6168/2022] It is submitted by learned counsel for the petitioners that as per the FIR, the then Chairman Mr. Kamal Rathore of the Municipal Council, Baran has misused his position and got patta issued in the favour of his mother, which covers 40 feet road available for going to dharamshala. The petitioners are behind the bars since long. As per rejection bail order, the petitioners Omprakash and Deendayal have criminal antecedents of one case each and they have been acquitted in pending case. Hence, the accused- petitioners may be released on bail.
Learned Public Prosecutor has opposed the bail applications. Heard and perused the material available on record. Considering the submissions made by learned counsel for the petitioners and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioners on bail.
Accordingly, the bail applications under Section 439 of Cr.P.C. are allowed and it is ordered that the accused-petitioners Omprakash Son Of Late Shri Kanhaiyalal, Deendayal Son Of Late Shri Kanhaiyalal and Nand Kumar S/o Late Kanhaiyalal shall be enlarged on bail; provided each of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each (out of which one surety shall be resident of Baran District) to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.
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