Rajasthan High Court
Bablu @ Bhagwan Sahay S/O Late ... vs State Of Rajasthan on 8 July, 2021
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
10006/2021
Bablu @ Bhagwan Sahay S/o Late Kalyan Sahay, Aged About 45
Years, R/o Gangeer, Bandikui, Jheel Ki Dhani, Police Station
Bandikui, District Dausa (Raj.). (At Present In District Jail,
Dausa).
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No.
10296/2021
Bablu @ Bhagwan Sahai S/o Late Shri Kalyan Sahai, Aged About
45 Years, R/o Jangir Bandikui Jheel Ki Dhani Police Station
Bandikui Dausa District Dausa (Presently Accused Is In Judicial
Custody In Jail District Dausa.)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Gajendra Singh Rathore present in
the Court
Mr. Manish Gupta present in the Court
For Complainant(s) : Mr. Umesh Vyas present in the Court
For State : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
08/07/2021
1. Registry has pointed out the defect in S.B. Criminal Misc. Bail
Application No.10296/2021 that the present bail application is not
maintainable as petitioner has already filed Bail Application
(2 of 3) [CRLMB-10006/2021]
No.10006/2021.
2. Accordingly, S.B. Criminal Misc. Bail Application
No.10296/2021 is dismissed as not maintainable.
3. Petitioner has filed Bail Application No.10006/2021 under
Section 439 Cr.P.C.
4. F.I.R. No.492/2019 was registered at Police Station Bandikui,
District Dausa for offence under Sections 420, 467, 468, 471,
120-B I.P.C.
5. It is contended by counsel for the petitioner that there is
allegation against the petitioner of obtaining forged certificate in
the year 2005. It is also contended that various litigations are
pending between the parties with regard to property dispute.
Present F.I.R. was lodged after an inordinate delay of fourteen
years, even when the death certificate was in the notice of the
complainant. It is further contended that F.I.R. has been filed in a
case where there are various civil disputes, which are pending
with regard to disputed property.
6. Learned Public Prosecutor and counsel for the complainant
have opposed the Bail Application No.10006/2021. It is contended
that in the death certificate, Kalyan Sahay son of Sonya Ram is
mentioned, in fact it is Kalyan Sahay son of Golya Ram.
7. I have considered the contentions.
8. Considering the contentions put forth by counsel for the
petitioner, I deem it proper to allow the Bail Application
No.10006/2021.
(3 of 3) [CRLMB-10006/2021]
9. The Bail Application No.10006/2021 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.
10. A copy of this order be placed in connected file.
(PANKAJ BHANDARI),J
ARTI SHARMA /29-30
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