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PRAVEER BHATNAGAR
Sheetal Mittal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Praveer Bhatnagar, J.
The instant bail applications under Section 438 Cr.P.C. have been filed by the petitioners - Sheetal and Padam, apprehending their arrest in connection with FIR Nos. 436/2022, 524/2022, 522/2022, 503/2022, 526/2022, 530/2022, 519/2022, 529/2022, 525/2022, 436/2022, 519/2022, 525/2022, 503/2022, 529/2022, 526/2022, 522/2022, 524/2022, 530/2022, 435/2022 and 435/2022 registered at Police Station Pratapnagar, District Bhilwara for the offences punishable under Sections 406 and 420 IPC.
2. Learned counsel appearing for the petitioners Sheetal and Padam argued that the petitioners are engaged in trade and business at Delhi and received certain goods from the accused Harsh Garg and Sarvesh alias Vinod. He further argued that the petitioners did not have any direct involvement in the alleged crime in question and they are consumers only and have been falsely implicated in this FIRs lodged by different complainants viz. Kamlesh Gokhru, Naresh Godha, Sushil Sharma, Sandeep Kothari, Suresh Somani, Purshottam Mundra, Sanjay Kumar Jain, Madhu Laddha, Veeraj Kumar Jain and Mahendra Teli at Police Station Pratapnagar, District Bhilwara.
3. Learned counsel further argued
Issues of anticipatory bail regarding fraud and financial misconduct under the BNS Act are critically examined.
Anticipatory bail denied due to serious allegations of fraud, necessity for custodial interrogation, and applicants' absconding status.
The court denied bail based on substantial evidence of collusion and deceit among the accused-petitioners in executing forged documents, causing significant financial loss.
The court emphasized the importance of custodial interrogation in cases involving allegations of cheating and the need to uncover conspiracy and money trail.
(1) Anticipatory bail – Attitude of arresting first and then proceeding with rest is despicable – Law presumes an Accused to be innocent until his guilt is proven.(2) Anticipatory bail – Bail is rule....
The main legal point established in the judgment is the consideration of a prima facie case, the stay on further proceedings, and the potential detention without due process of law in granting antici....
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