Rajasthan High Court - Jodhpur
Anand Chandel vs State on 23 July, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9346/2021
Anand Chandel S/o Chunnilal, Aged About 47 Years, B/c Kalal, R/
o Gali No. 8 Kalal Colony, Police Thana Nagouri Gate, Jodhpur.
(Lodged At Central Jail, Jodhpur).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr Rakesh Kumar Puri
For Respondent(s) : Mr Mukhtyar Khan, Public Prosecutor
Mr R.S. Choudhary
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
23/07/2021
This bail application has been filed by the petitioner under
Section 439 Cr.P.C. in connection with FIR No.36/2021 registered
at Police Station, Nagori Gate, District Jodhpur for offence under
Sections 384, 406 IPC.
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and perused the entire material available on
record.
Learned counsel for the petitioner submits that the FIR has
been lodged with regard to having misused the amount which was
paid by the complainant, who is husband of petitioner's deceased
daughter. Learned counsel submits that the amount was given to
him for the purpose of taking care of the children, however,
custody of the children was taken back by the complainant and an
another case has been lodged by petitioner's younger daughter
(2 of 3) [CRLMB-9346/2021]
against the complainant under POCSO Act. Learned counsel
submits that the petitioner has issued a Note which has been
taken in FD.
Learned counsel appearing for the complainant submits that
the amount of Rs.30 Lacs which was meant for the two children,
has been utilized by the petitioner for himself as well as his other
daughter and that the complainant was giving the amount which
was meant for the children but the petitioner was not even paying
fees of his two children, resultantly the complainant has taken
back the custody of the children. Learned Public Prosecutor has
also opposed bail to the petitioner.
I have considered the submissions.
There is an FIR registered against the complainant under
Section 498A, 406 IPC, in which compromise was arrived at
between the petitioner and the complainant and the above
amount of Rs.30 Lacs was paid, to be deposited in FD for the
purpose of taking care of the two children. The allegations in the
FIR is that the amount paid in favour of two children was not
deposited in FD but in the name of the petitioner. A civil suit is
also pending in this regard.
Taking into consideration that the over all aspects, that there
is a petition in relationship between the petitioner and the
complainant, without commenting on merits of the case, I am
inclined to release the petitioner on bail.
Accordingly, this bail application is allowed and it is ordered
that the accused petitioner - Anand Chandel s/o Chunni Lal be
released on bail under Section 439 Cr.P.C. in connection with
aforesaid FIR No.36/2021 registered at Police Station Nagori Gate,
District Jodhpur provided the petitioner furnishes a personal bond
(3 of 3) [CRLMB-9346/2021]
of Rs.50,000/- with one surety in the like amount, to the
satisfaction of the concerned Magistrate with the stipulation that
he shall comply with all the conditions laid down under Section
437 (3) CrPC.
(SANJEEV PRAKASH SHARMA),J
50-MMA/-
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