Dipesh Kumawat S/O Panchamal @ ... vs State Of Rajasthan

Citation : 2021 Latest Caselaw 6208 Raj/2
Judgement Date : 8 November, 2021

Rajasthan High Court
Dipesh Kumawat S/O Panchamal @ ... vs State Of Rajasthan on 8 November, 2021
Bench: Pankaj Bhandari
        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                7471/2021

Dipesh Kumawat S/o Panchamal @ Pauchulal, Aged About 23
Years, R/o Hasteda Police Station Govindgarh Presently Tenant
Of Apsara Hotel Ke Makanat Khatu Mode Reengus District Sikar
(Raj.) (At Present Confined In District Jail Sikar)
                                                                        ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent

For Petitioner(s) : Mr. Vikash Kumar Jakhar For State : Mr. F. R. Meena, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 08/11/2021

1. Petitioner has filed this second bail application under Section 439 Cr.P.C.

2. F.I.R. No.227/2020 was registered at Police Station Srimadhopur, District Sikar for offence under Sections 420, 406 & 120-B I.P.C.

3. It is contended by counsel for the petitioner that offence is triable by First Class Magistrate. Statement of complainant and other witnesses have been recorded. The maximum allegation is with regard to a sum of Rs. 1 lakh and 50 thousands. Petitioner has remained in custody for a period of more than one year. Conclusion of trial will take time.

4. Learned Public Prosecutor has opposed the second bail (Downloaded on 15/11/2021 at 09:13:03 PM) (2 of 2) [CRLMB-7471/2021] application.

5. I have considered the contentions.

6. Taking note of the fact that offence is triable by First Class Magistrate and the amount involved is Rs. 1 lakh and 50 thousands only and the petitioner has remained in custody for a period of more than one year, hence, I deem it proper to allow the second bail application.

7. This second 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 trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.

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