Rajasthan High Court - Jodhpur
Shankarlal vs State Of Rajasthan on 25 March, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3667/2021
Shankarlal S/o Mithalal, Aged About 43 Years, R/o Kun, Tehsil
Dhariyavad, at present at- Nayiyo ki gali, Kisan Mohalla,
Kankrolli, District Rajsamand.
(At Present Confined At District Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. D.S. Udawat
For Respondent(s) : Mr. A.R. Choudhary, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
25/03/2021
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.3/2021 of Police
Station Vallabhnagar, District Udaipur for the offences punishable
under Section 420 of IPC. He has preferred this bail application
under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the
petitioner is in receipt of Rs. 2,50,000/- from the complainant and
he is ready to pay the same to the complainant. Learned counsel
for the petitioner has also submitted that though his relatives have
tried to contact with the complainant but they failed to do so. In
such circumstances, the petitioner is ready to deposit a demand
draft of a nationalized bank executed in favour of the complainant
Jagdish Soni before the SHO, Police Station Vallabh Nagar. It is
(2 of 3) [CRLMB-3667/2021]
further submitted that the petitioner is in custody since long,
therefore, on the condition of depositing a demand draft as stated
above the petitioner may be enlarged on bail.
Learned Public Prosecutor has opposed the bail application.
Having heard learned counsel for the petitioner and after
taking into consideration the submissions made on behalf of the
petitioner, I deem it just and proper to grant bail to the accused
petitioner under Section 439 Cr.P.C. subject to the condition that
the petitioner shall deposit a demand draft of Rs. 2,50,000/- of a
nationalized bank executed in favour of the complainant to the
SHO, Police Station Vallabh Nagar and also furnishes a personal
bond of Rs. 1,00,000/- along with two sound and solvent sureties
of Rs. 50,000/- each to the satisfaction of trial court.
Accordingly, this bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner Shankarlal S/o
Mithalal shall be released on bail in connection with FIR No.3/2021
of Police Station Vallabhnagar, District Udaipur subject to the
condition that the petitioner shall deposit a demand draft of
Rs. 2,50,000/- of a nationalized bank executed in favour of
the complainant to the SHO, Police Station Vallabh Nagar
and also furnishes a personal bond of Rs. 1,00,000/- along
with two sound and solvent sureties of Rs. 50,000/- each to
the satisfaction of 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.
It is made clear that that before accepting the personal bond
and sureties as furnished by the petitioner, the trial court shall
ensure that the petitioner has deposited the demand draft of Rs.
(3 of 3) [CRLMB-3667/2021]
2,50,000/- of a nationalized bank executed in favour of the
complainant Jagdish Soni to the SHO Vallabh Nagar. The SHO,
Police Station Vallabh Nagar shall handover the said demand draft
to the complainant Jagdish Soni, however, if he refuses to accept
the same, then the said demand draft be deposited in the trial
court.
(VIJAY BISHNOI),J
221-akash/-
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