Rajasthan High Court
Surendra Kumar Jain S/O Duli Chand ... vs State Of Rajasthan on 11 April, 2022
Bench: Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 20210/2021
Surendra Kumar Jain S/o Duli Chand Jain, R/o In The Back Of
Adarsh Vidhya Mandi Ward No. 18 Bandikui Tehsil Baswa Distt.
Dausa
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Prateek Kasliwal, Advocate
For Respondent(s) : Mr. S.S. Mahala, Public Prosecutor
Shri Sugan Singh, I.O., SHO
Bhandikui, Dausa present in person
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
11/04/2022
This anticipatory bail application has been filed under
Section 438 Cr.P.C. in connection with FIR No. 430/2011
registered at Police Station Bandikui, District Dausa for the
offences under Sections 409, 420, 467 and 468 of IPC.
Learned counsel for the petitioner submits that as per
the FIR, the complainant has raised the allegation of fraud and
embezzlement against the petitioner. Learned counsel further
submits that in the order dated 29.07.2021 passed by the
Additional Registrar, Rajasthan Cooperative Societies, Jaipur, it has
been categorically held that no offence pertaining to fraud,
embezzlement or cheating against the accused-petitioner was
proved and consequently, the accused-petitioner has been
acquitted from the allegations. Learned counsel further submits
(2 of 3) [CRLMB-20210/2021]
that interim protection from arrest has already been granted to
the petitioner by the co-ordinate Bench of this Court vide order
dated 14.12.2021, thereafter, he has joined the investigation.
Learned counsel has produced the photostat copy of the order
dated 29.07.2021 passed by the Additional Registrar, Cooperative
Societies, Jaipur for perusal of this Court, which is taken on
record. Learned counsel further submits that the petitioner has
criminal antecedents of two cases and both the cases are arising
out of the same issue. Learned counsel has placed reliance on the
judgment of the Apex Court passed in the case of Ganesh Raj Vs.
State of Rajasthan & Ors. (2005) 2 WLC 327 and looking to the
facts and circumstances of the case, the 2 nd anticipatory bail
application of the petitioner may be granted.
On the other hand, learned Public Prosecutor has
opposed the bail application and has produced photostat copy of
the factual report, which is taken on record. As per the factual
report, the alleged original record and the amount embezzled are
to be recovered from the petitioner and he has criminal
antecedents of two cases. Hence, the 2 nd anticipatory bail
application of the petitioner may be rejected.
Heard learned counsel for both the parties and perused
the material available on record.
First anticipatory bail application of the petitioner was
dismissed by the co-ordinate Bench of this Court vide order dated
09.11.2017 by holding the seriousness of the allegations levelled
against the petitioner and therefore no ground for grant of
anticipatory bail to the petitioner was made out. Perused the
(3 of 3) [CRLMB-20210/2021]
aforesaid judgment cited by learned counsel for the petitioner, the
order dated 29.07.2021 passed by the Additional Registrar,
Cooperative Societies, Jaipur and the factual report submitted by
learned Public Prosecutor. As per the factual report, the alleged
original record and the amount embezzled are to be recovered
from the petitioner and he has criminal antecedents of two cases.
Therefore, looking to the above facts and circumstances of the
cases and gravity of offence; but without expressing any opinion
on the merits and demerits of the case, I deem it not proper to
enlarge the petitioner on anticipatory bail.
Hence, the 2nd anticipatory bail application of the
petitioner is dismissed.
(CHANDRA KUMAR SONGARA),J
Ashish Kumar/92
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