Kapil Garg vs State
2021 Latest Caselaw 12579 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10393/2021

Kapil Garg S/o Ashok Kumar, Aged About 32 Years, R/o Sherpura, Dist. Sangrur (Punjab). (At Present Lodged In Sub Jail, Sangaria).

----Petitioner Versus State, Through PP

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 7235/2021 Abhishek Goyal @ Deepak Goyal (Deepak Goyal @ Abhishek Goyal) S/o Shri Makhan Lal, Aged About 31 Years, Sherpur, Ps Sherpur, District Sangrur, Punjab. (Presently Lodged At Sub Jail Sangaria).

----Petitioner Versus State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s) : Mr. Rakesh Matoria Mr. Sheetal Kumbhat For Respondent(s) : Mr. Shrawan Bishnoi, PP Mr. Pankaj Gupta

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

11/08/2021

These two bail applications have been filed under Section

439 Cr.P.C. on behalf of the petitioners, who are in custody in

relation to FIR No.202/2021, Police Station Sangaria, District

Hanumangarh for offences under Sections 420 and 406 IPC.

(2 of 3) [CRLMB-10393/2021]

The petitioners herein have been charge-sheeted for the

above offences which are triable by court of magistrate.

Learned counsel representing the complainant vehemently

and fervently urges that multiple cases for similar offences have

been registered against the Co-operative Society of which the

petitioners are alleged to be the directors/persons in control. He

thus urges that the petitioners do not deserve indulgence of bail in

this case.

I have heard and considered the submissions advanced by

learned counsel for the parties and have gone through the

material available on record.

It is alleged that the Society placed an order for supplying

mustard seeds to the complainant. The complainant transported

the mustard seeds in the name of the Cooperative society. It is

alleged that the ordered articles did not reach the godown of the

cooperative society and in the intervening period, the complainant

received a call on the basis whereof the goods were got unloaded

at some other location. It is alleged in the FIR that the cooperative

society had not made the payment of the goods transported by

the complainant. Nonetheless, on going through the challan

papers, it is apparent that the IO has not collected any record

from the Cooperative Society.

In this background and having regard to the overall facts and

circumstances of the case as available on record, considering the

situation that the offences alleged are triable by court of

magistrate and as the trial of the case will consume time, this

Court is inclined to extend indulgence of bail to the accused

petitioners. Accordingly, the bail applications are allowed and it is

directed that the accused-petitioners (1) Kapil Garg S/o Shri

(3 of 3) [CRLMB-10393/2021]

Ashok Kumar and (2) Abhishek Goyal @ Deepak Goyal (Deepak

Goyal @ Abhishek Goyal) S/o Shri Makhan Lal arrested in

connection with the F.I.R. No.202/2021 registered at Police Station

Sangaria, District Hanumangarh shall be released on bail provided

each of them furnishes a personal bond of Rs.1,00,000/- and two

sount and solvent surety bonds of Rs.50,000/- each (of which one

shall be of a local person) 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 156-Sudhir Asopa/-

Powered by TCPDF (www.tcpdf.org)