Rajasthan High Court
Gopesh Kumar Sharma S/O Late Shri ... vs State Of Rajasthan (2023:Rj-Jp:41319) on 22 December, 2023
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2023:RJ-JP:41319]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 16352/2023
Gopesh Kumar Sharma S/o Late Shri Shankar Lal Sharma, Aged
About 48 Years, R/o House No. 78, Gandhi Nagar, Gulabpura,
Police Station Gulabpura, District Bhilwara (Raj.) Present
Resident Of New Govind Nagar, Gali No. 5, Ramganj, Ajmer,
Present Resident Of Plot No. E-377, Vaishali Nagar, E-Block,
Police Station Vaishali Nagar, Jaipur, Present Resident Of 2-Ch-
11, Kamla Nehru Nagar Colony, Ajmer Road, Police Station
Bhankrota, Jaipur (Raj.) (At Present Confined In Central Jail,
Jaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Amit Saroha S/o Dr. Ajaypal Singh, R/o 2, Kalyan Nagar-
Ii, Tonk Road, Sanganer, Jaipur City (East) (Raj.).
----Respondents
For Petitioner(s) : Mr. Girish Khandelwal
For Respondent(s) : Mr. Sanjeev Mahala, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Judgment
22/12/2023
The instant bail application has been filed under Section 439
Cr.P.C. on behalf of accused-petitioner. The petitioner has been
arrested in connection with FIR No.744/2017 registered at Police
Station Sanganer, District Jaipur (East) for the offence(s) under
Sections 420 & 406 of IPC.
Learned counsel for the petitioner submits that the accused-
petitioner has been falsely implicated in the case. He further
submits that petitioner has nothing to do with the alleged offence.
The alleged offences are triable by Magistrate. The petitioner is in
[2023:RJ-JP:41319] (2 of 3) [CRLMB-16352/2023]
custody since 24.06.2019 and charge-sheet has been filed in this
case. He further submits that out of 36 matters shown in the
impugned order dated 01.12.2023, in some of the cases the
accused-petitioner has already been enlarged on bail by the Co-
ordinate Benches of this Court vide order dated 04.11.2023
passed in S.B. Criminal Miscellaneous Bail Application
No.13312/2023, dated 10.03.2022 passed in S.B. Criminal
Miscellaneous Bail Application No.11497/2021, dated 15.05.2023
passed in S.B. Criminal Miscellaneous Bail Application
No.5761/2023, dated 15.05.2023 passed in S.B. Criminal
Miscellaneous Bail Application No.5760/2023, dated 20.04.2023
passed in S.B. Criminal Miscellaneous Bail Application
No.4418/2023, dated 20.04.2023 passed in S.B. Criminal
Miscellaneous Bail Application No.4417/2023, dated 21.04.2023
passed in S.B. Criminal Miscellaneous Bail Application
No.4428/2023, dated 20.04.2023 passed in S.B. Criminal
Miscellaneous Bail Application No.4433/2023, dated 21.04.2023
passed in S.B. Criminal Miscellaneous Bail Application No.
4435/2023, dated 15.05.2023 passed in S.B. Criminal
Miscellaneous Bail Application No.5756/2023, dated 15.05.2023
passed in S.B. Criminal Miscellaneous Bail Application
No.5759/2023, dated 15.05.2023 passed in S.B. Criminal
Miscellaneous Bail Application No.5757/2023, dated 04.04.2022
passed in S.B. Criminal Miscellaneous Bail Application No.
11523/2021 and orders dated 31.10.2019 & 17.12.2019 passed
by the learned District & Sessions Judge, Jaipur Metropolitan. The
trial of the case will take considerable time. Therefore, the benefit
of bail should be granted to the accused-petitioner.
[2023:RJ-JP:41319] (3 of 3) [CRLMB-16352/2023]
Per contra, learned Public Prosecutor opposes the bail
application and submits that petitioner is a habitual offender, as
48 other cases have also been registered against the present
petitioner.
Considering the arguments advanced by the counsel for the
parties and looking to the fact that the case of the petitioner is
triable by Magistrate, I deem it just and proper to enlarge the
accused-petitioner on bail.
Accordingly, this bail application under Section 439 Cr.P.C. is
allowed and it is ordered that the accused-petitioner Gopesh
Kumar Sharma S/o Late Shri Shankar Lal Sharma in
connection with FIR No.744/2017 registered at Police Station
Sanganer, District Jaipur (East) shall be enlarged on bail provided
he furnishes a personal bond in the sum of Rs.50,000/- (Rupees
One Lac only) with two sureties of Rs.25,000/- (Rupees Fifty
Thousand only) each to the satisfaction of the learned trial Judge
for his appearance before the court concerned on all the dates of
hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J
189-Mohit & Rahul
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