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2024 Supreme(Online)(RAJ) 900
[2024:RJ-JD:26176]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7355/2024 Jagdish S/o Surajdan, Aged About 30 Years, R/o Unjla, Police Station Pokran, Dist. Jaisalmer.
(At Present Lodged In Central Jail, Jodhpur)
----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 7615/2024 Imran Khan S/o Isab Khan, Aged About 38 Years, R/o House No. 74, Ward No. 02, Buraka, Police Station Hathin, Dist. Palwal, Haryana.
(Presently Lodged In Central Jail, Jodhpur)
----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 7617/2024 Mihirkant Jha S/o Shri Kala Nath Jha, Aged About 50 Years, R/o Bima Bhamban Gama, Police Station Supaul, Dist. Supaul Bihar. At Present B-208, Sector - 63A, Noida, Police Station Mayur Vihar, Dist. Gautambudh Nagar, Uttarpradesh.
(At Present Lodged At Central Jail, Jodhpur)
----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 7789/2024 Sunil Ramchandani S/o Sh Bhagwan Ramchandani, Aged About 49 Years, R/o Plot No 685, Frontier Colony, Adarsh Nagar, Jaipur Aayuktalay, At Present Director Jackson Care Product, Bhuranpura, Village - Shivpuri, Jaipur- Delhi Highway, Manoharpur, Shahpura, P.s. Manoharpur, Jaipur, Raj (Presently Lodged In Central Jail Jodhpur)
----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Neeraj Kumar Gurjar Mr. P.S. Poonia Mr. Firoz Khan Mr. Jangsher Khan For Respondent(s) : Mr. A.R. Choudhary, PP HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
01/07/2024
1. Through these bail applications, petitioners have come before this Court for grant of bail under section 439 of the Cr.P.C. in connection with crime registered pursuant to First Information Report No.159/2024 of Police Station Basni, District Jodhpur in respect of offences punishable under Sections 420, 409, 120-B, 406/120-B of the Indian Penal Code, 1860.
2. I have considered the rival submissions of learned counsel for the petitioners as well as learned Public Prosecutor and perused the record.
3. Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the applicants and submitted that in the facts of the present cases, it is expedient that accuseds be kept in the custody. He thus, craves rejection of the applicants’ bail application.
4. I have given my anxious consideration to the rival submissions with reference to material placed before me.
5. On perusal of the record and upon consideration of the submissions, it would be clear that according to the case spelled out in the FIR, allegations against petitioners are that sanitory napkins intended for free distribution by the State Government were illegally kept in possession by petitioner for sale. The value of the material related to the crime is said to be around Rs.1,70,000/-. The case is exclusively triable by Magistrate court. The petitioner is not involved in any other case and trial of the case will take sufficient time to conclude. Therefore, this Court is of the opinion that it is a fit case for grant of indulgence of bail to the petitioners.
6. Consequently, the present bail applications are allowed and it is directed that the accused-petitioners Jagdish S/o Surajdan, Imran Khan S/o Isab Khan, Mihirkant Jha S/o Shri Kala Nath Jha and Sunil Ramchandani S/o Sh Bhagwan Ramchandani, arrested in connection with the F.I.R. No.159/2024 of Police Station Basni, District Jodhpur shall be released on bail provided each of them furnishe a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. This order is subject to the condition that accused, within 7 days of his release, and sureties on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.
(RAJENDRA PRAKASH SONI),J
52-55-Payal/-
