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2021 Supreme(Raj) 771

DEVENDRA KACHHAWAHA
Sunil Kumar Soni – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Pranjal Singh, Advocate, for the Petitioner; Mr. S.S Ola, P.P, for the Respondent

JUDGMENT

1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.25/2021, Police Station Gandhi Nagar, District Jaipur, for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

2. Heard learned counsel for the petitioner and learned Public Prosecutor, present-in-person. Perused the material available on record.

3. Learned counsel for the petitioner stated that offences are triable by the Magistrate; charge-sheet has been filed in April, 2021 but due to Covid-19 pandemic, charge-sheet cannot be obtained from the Trial Court; accused-petitioner has wrongly been implicated; accused-petitioner is behind the bars since 02.03.2021; there is dispute relating to business transactions; that in similar case, benefit of bail has been granted to the accused-petitioner by the co-ordinate Bench of this Court in which F.I.R was filed by the brother of complainant and the trial will take long time, therefore, benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor vehemently and fervently opposed the bail application of the accused-petitioner.

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