Sandeep Kumar vs State
2021 Latest Caselaw 6047 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 226/2021 Sandeep Kumar S/o Sh. Ram Singh Jat, Aged About 35 Years, R/o Jalampura, P.s Shambhupura, Dist. Chittorgarh. (At Present Lodged In District Jail, Chittorgarh).

                                                                    ----Petitioner
                                     Versus
State, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Vipin Makkad
For Respondent(s)          :     Mr. AR Choudhary, PP
For Complainant(s)         :     Ms. Deepika Purohit for
                                 Mr. Anuj Sahlot


            HON'BLE MR. JUSTICE VIJAY BISHNOI
                    Judgment / Order

01/03/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.421/2020 of

Police Station Chittorgarh District Chittorgarh for the offences

punishable under Sections 420, 466, 120-B IPC. He has preferred

this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that on

21.01.2021, the petitioner was ready to return the drawn amount,

received from the complainant. Later on, this Court vide order

dated 01.02.2021 has enlarged the petitioner on interim bail for a

period of seven days to allow him to arrange money for the

purpose of return the same to the complainant. The said interim

bail application was extended up to 26.02.2021 by the order of

this Court on 16.02.2021. It is further submitted that as the

(2 of 2) [CRLMB-226/2021]

petitioner has failed to arrange the money at that time and

surrendered himself before the police on 26.02.2021. Learned

counsel for the petitioner has produced a demand draft of Rs. 11

lacs of a nationalized bank executed in favour of the complainant

and prayed that the petitioner may be enlarged on bail.

Per contra, learned Public Prosecutor as well as learned

counsel for the complainant have vehemently opposed the bail

application. Learned counsel appearing for the complainant has

submitted that her client has instructed not to receive the said

demand draft as he will avail other remedy against the petitioner

available under the law.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Sandeep Kumar

S/o Sh. Ram Singh Jat, shall be released on bail in connection with

FIR No.421/2020 of Police Station Chittorgarh District Chittorgarh

provided he executes a personal bond in a sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- each to the

satisfaction of learned trial court for his appearance before that

court on each and every date of hearing and whenever called upon

to do so till the completion of the trial.

(VIJAY BISHNOI),J

Surabhii/211-

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