HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 17061/2021

Ganesharam @ Ganeshram Son Of Arjunram Dhaka, R/o

Saduchhoti, P.s. Sandwa, Tehsil Vidhyasar, Dist. Churu (Raj.) (At

Present In Central Jail, Ajmer)

----Petitioner

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Ravindra Singh Shekhawat

For Respondent(s)

:

Mr. Mangal Singh Saini,PP with

Mr. Ghanshaym Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

10/11/2021

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in judicial custody in

connection with F.I.R. No.289/2021, Police Station Madanganj,

District Ajmer, registered for the offence punishable under

Sections 420, 120-B of IPC and Section 2/3 of Rajasthan Public

Exam (Prevention of use of Unfair Means) Act, 1992 & Section

43/66 of IT Act, 2008.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that nothing has

been recovered from the accused and the essential ingredients to

constitute an offence under Section 420 of IPC are conspicuously

in missing.

(2 of 2)

[CRLMB-17061/2021]

Per contra, learned Public Prosecutor has opposed the bail

application.

Having regard to the facts and circumstances of this case

and particularly to the fact that offence is exclusively triable by

the Magistrate; trial of the case will take sufficiently long time,

therefore, without expressing any opinion on the merits/demerits

of the case, this Court is of the opinion that the bail application

filed by the petitioner deserves to be accepted.

Consequently, the present bail application is allowed. It is

ordered that the accused-petitioner-Ganesharam @ Ganeshram

Son Of Arjunram Dhaka, shall be released on bail, if not wanted

in any other case, provided he furnishes a personal bond of

Rs.50,000/- (Rupees Fifty Thousand) and two sound and solvent

sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to

the satisfaction of the learned trial Court for his appearance before

that Court on each and every date of hearing and whenever called

upon to do so till the completion of the trial.

(FARJAND ALI),J

tN/49