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2024 Supreme(Raj) 691

PUSHPENDRA SINGH BHATI
Nishu Gupta, S/o. Shri Umashankar Khandelwal – Appellant
Versus
State of Rajasthan, Through P. P. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vinod Kumar Sharma.
For the Respondent: Mr. Sher Singh Mahala, PP, Mr. Rubal Tholia.

ORDER :

Pushpendra Singh Bhati, J.

1. The present bail cancellation application under Section 439 (2) Cr.P.C. has been preferred by complainant-Smt. Nishu Gupta, with the following prayers :

    “It is, therefore, respectfully prayed that bail granted by this Hon’ble Court by its order dated 01.10.2021 and subsequent clarification order dated 27.10.2021 in criminal misc. bail application no.13927/2021 may kindly be cancelled and they may kindly be ordered to be sent behind the bars.

Any other order or direction which deem fit, just and proper may kindly be passed in favour of the complainant-petitioner.”

2. Respondent no.1- Jitendra Ahuja & respondent no.2- Rinkal Ahuja have been arrested in connection with FIR No.355/2021 registered at Police Station Kotwali Bharatpur, District Bharatpur for the offence under Sections 406, 420 & 120-B IPC.

2.1. Thereafter, they have preferred a bail application under Section 439 Cr.P.C before this Court and the same was allowed vide order dated 01.10.2021, with the further clarification/rectification therein vide order dated 27.10.2021; the relevant portions of the said orders are reproduced as hereunder :

    Order dated 01.10.2021:

“Learned counsel for the peti

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