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Gajendra v. State Of Rajasthan

Gajendra v. State Of Rajasthan

(High Court Of Rajasthan, Jodhpur Bench)

S.B. Criminal Miscellaneous Bail Application No. 10715/2024 , S.B. Criminal Miscellaneous Bail Application No. 11532/2024 And S.B. Criminal Miscellaneous Bail Application No. 11533/2024 | 10-10-2024

1. The prayer made in these bail petitions filed under Section 483 of BNSS (Section 439 of old Code) is for grant of bail in con- nection with crime registered pursuant to First Information Report Number 233/2024 of Police Station Basni District Jodhpur in respect of offence(s) punishable under Section(s) 111(2)(B), 111(3), 111(4), 111(6), 61(2)(B) of BNSS.

2. This Court has carefully perused the record as well as considered the submissions made by learned counsels for the parties.

3. Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsels for the applicants. He thus, craves rejection of the applicants’ bail application.

4. I have given my anxious consideration to the rival submissions with reference to material placed before me.

5. On perusal of the record and upon consideration of the submissions, it would be prima facie clear that the petitioners have been in custody since 08.08.2024. According to the latest factual report produced by the learned Public Prosecutor, the prime accused in the offence are Kishan Bishnoi and Shivam Jha, who are the primary beneficiaries of the cheated amount. The present petitioners received only 3 to 5 percent commission of the amount deposited into their accounts. As per the investigation, the amount deposited into the petitioners' accounts was ultimately transferred to above principal accused namely Kishan Bishnoi and Shivam Jha.

6. Having considered the material available on record; the arguments advanced by counsel for the applicants particularly the facts narrated above and the fact that bail rejection order goes to show that applicants are not involved in any other case.; that trial is likely to take its own considerable time and taking note of all these aspects I do not intend to go into the merits of the matter but of the considered view that the applicants have available to themselves substantial grounds so as to question the prosecution case and no useful purpose would be served by keeping the applicants in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioners at this stage.

7. Consequently, the present bail applications are allowed and it is directed that the accused-petitioners 1.Gajendra @ Gaju S/o Kalu Ram, 2.Sahil S/o Dilip and 3.Bhupendra @ Chinu S/o Bhagirath, arrested in connection with the F.I.R. No.233/2024 of Police Station Basni District Jodhpur shall be released on bail provided they furnish a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. This order is subject to the condition that accused, within 7 days of their release, and sureties on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.

Advocate List
  • Mr. Surendra Choudhary Ms. Tamanna Kumari Mr. Vinod Kumar Sharma

  • Mr. Urja Ram Kalbi, PP

Bench
  • HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Eq Citations
  • 2024/RJ-JD/41693
  • LQ/RajHC/2024/1651
Head Note