Sanjay Gurnani vs State Of Rajasthan
2021 Latest Caselaw 8825 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 317/2021 Sanjay Gurnani S/o Lt. Sh. Babu Lal Gurnani Sindhi, Aged About 42 Years, R/o E-37-38-E Block, Pratapnagar, Udaipur. (At Present Lodged In Central Jail, Udaipur).

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Smt. Pushpa Salvi W/o Lt. Sh. Tulsi Ram Salvi, R/o 176, U.i.t. Colony, Pratapnagar, Udaipur.

                                                                ----Respondents


For Appellant(s)         :     Mr. Deepak Menaria
For Respondent(s)        :     Mr. Gaurav Singh, P.P.
                               Mr. Naman Mohnot



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                Judgment

05/04/2021

Heard learned counsel for the appellant, learned Public

Prosecutor, learned counsel for the complainant and perused the

material available on record.

The instant appeal has been filed under Section 14-A(2)

SC/ST (Prevention of Atrocities) Act on behalf of the appellant,

who is in custody in connection with F.I.R. No.66/2019 registered

at the Police Station Pratapnagar, District Udaipur for the offences

under Sections 420, 406, 467, 468, 471, 120-B IPC and Sections

3(2)(v), 3(2)(va) of the SC/ST Act, against the order dated

16.03.2021 passed by the learned Special Judge, SC/ST

(Prevention of Atrocities) Act Cases, Udaipur in Criminal Misc.

Case No.72/2021, whereby the bail application preferred under

(2 of 2) [CRLAS-317/2021]

Section 439 Cr.P.C. on behalf of the appellant was rejected.

The main allegations of the complainant are against co-

accused Dev Narayan Gurjar. The appellant was allegedly the

Direct Selling Agent of the bank, from which the loan was

procured by cheating the complainant. The petitioner's presence

is no longer required in judicial custody for any purpose

whatsoever.

In this view of the matter and having regard to the over

all facts and circumstances of the case, this Court is of the opinion

that the appellant deserves indulgence of bail and thus, the order

rejecting the application for bail filed on behalf of the appellant

cannot be sustained.

Consequently, the instant appeal is allowed. The

impugned order dated 16.03.2021 passed by the learned Special

Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur in

Criminal Misc. Case No.72/2021 is set aside. It is ordered that the

accused-appellant Sanjay Gurnani S/o late Babu Lal Gurnani

Sindhi arrested in connection with F.I.R. No.66/2019 registered at

the Police Station Pratapnagar, District Udaipur shall be released

on bail; provided he furnishes a personal bond of Rs.50,000/- and

two surety bonds of Rs.25,000/- 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.

(SANDEEP MEHTA),J

136-Pramod/-

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