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FARJAND ALI
Devendra Singh S/o Shri Shivraj Singh – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
JUDGMENT :
1. The jurisdiction of this Court has been invoked by way of filing instant bail applications under Section 439 CrPC at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 854/2021 |
| 2. | Concerned Police Station | Mansarovar |
| 3. | District | Jaipur (South) |
| 4. | Offences alleged in the FIR | Sections 420, 406, 467, 468, 471 & 120 of the IPC |
| 5. | Offences added, if any | Section 447 of the IPC |
| 6. | Date of passing of impugned order (SBCRLMB No.5984/2024) | 07.05.2024 |
| 6.A | Date of passing of impugned order (SBCRLMB No.7288/2024) | 18.05.2024 |
| 6. B | Date of passing of impugned order (SBCRLMB No.7289/2024) | 18.05.2024 |
2. Learned counsel for the petitioners submit that they have falsely been implicated in this case only on the basis of the statements of the co-accused. They further submit that the petitioners were neither named in the FIR nor any recovery has been affected at their instance. It is further prayed that no case for the alleged offences is made out against
The court emphasized that bail should be denied if the accused's conduct poses a risk to the judicial process, particularly in cases involving serious offences and repeated criminal activity.
The court ruled that bail can be cancelled if the accused engages in further criminal conduct post-release, reflecting a disregard for the law.
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
The main legal point established is that suppression of vital facts and misrepresentation in bail applications can lead to the cancellation of bail. The Court also emphasized that bail should not be ....
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
Cancellation of bail requires compelling evidence of misconduct or supervening circumstances affecting fairness of trial; mere subsequent offenses do not suffice.
A court must cancel bail based on verified evidence of intimidation, not mere allegations, to uphold the presumption of innocence.
The main legal point established in the judgment is that consistent violation of court directions and non-compliance with previous court orders can warrant the cancellation of bail. Additionally, the....
The legal principle established is that strong and cogent reasons are required to deprive the liberty of an accused, and the prescribed procedure for seeking arrest or cancellation of bail must be fo....
Anticipatory bail can be revoked if the accused does not cooperate with the investigation or poses a threat to law and order.
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