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2021 Supreme(Raj) 750

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Pankaj Bhandari, J.
Chandra Prakash Arora @ Ravi Arora - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 5900/2021
Decided on : 23-04-2021

Advocates appeared:
Mr. Anoop Dhand, for the Appellant; Mr. Vageesh Sharma, Mr. R.K. Daga, Mr. Mangal Singh Saini, PP, for the Respondent.

The court considered the petitioner's construction of 600 flats, civil litigation, and previous bail granted in similar cases as grounds for allowing the bail application.

Headnote:

Bail Application - Fraud Allegations - The court allowed the bail application considering the petitioner's construction of 600 flats, civil litigation, and previous bail granted in similar cases.

Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. for an FIR registered for offences under Sections 420 & 406 I.P.C.

Finding of the Court:

The court allowed the bail application, considering the petitioner's construction of 600 flats, civil litigation, and previous bail granted in similar cases.

Issues: Fraud allegations, opposition by the Public Prosecutor and complainant, and previous bail granted in similar cases.

Ratio Decidendi: The court considered the petitioner's construction of 600 flats, civil litigation, and previous bail granted in similar cases as grounds for allowing the bail application.

Final Decision: The bail application was allowed, and the accused-petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

1. Petitioner has filed this bail application under Section 439 Cr.P.C.

2. F.I.R. No.757/2020 was registered at Police Station Behror District Bhiwadi for offence under Sections 420 & 406 I.P.C.

3. It is contended by counsel for the petitioner that F.I.R. of similar nature have been lodged by the different persons against the petitioner at different Police Stations. It is also contended that this Court and Co-ordinate Bench of this Court considering the arguments of counsel for the petitioner as well as counsel for the complainant has granted bail to the petitioner in akin F.I.R.

4. Learned Public Prosecutor and counsel for the complainant have opposed the bail application and submitted that petitioner has committed fraud with the complainant and various persons to the tune of crores of rupees. He has not given possession of the flats, even after taking part of the amount.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the petitioner and taking note of the fact that petitioner has constructed around more than 600 flats and due to some civil litigation pending, the construction was stopped and now petitioner has got the injunction order in this F.I.R. and also petitioner has been enlarged on bail in akin F.I.R., I deem it proper to allow the bail application.

7. This bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.

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