High CourtsSingle Bench(2020) 12 RAJ CK 0099

Mukesh Kumawat vs State Of Rajasthan

Rajasthan High Court · Decided on 16 December 2020

HON’BLE JUDGES
Pankaj Bhandari, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 12364 Of 2020

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Judgment

15 paragraphs · 278 words
1.

Petitioner has filed this bail application under Section 439 of Cr.P.C.

2.

F.I.R. No. 673/2019 was registered at Police Station Murlipura, Jaipur(West) for offences under Sections 420 and 406 of IPC.

3.

It is contended by counsel for the petitioner that as per the FIR, petitioner was running a lottery. It is mentioned in the FIR that lottery amount was

given to the persons who were putting in money. However, some amount is said to be advanced by the complainant to the petitioner to the tune of

Rs.2,30,000/-which was not returned. It is also contended that there is no evidence to the fact that an amount of Rs.2,30,000/- in cash was given to the

petitioner. It is also contended that petitioner is in custody.

Offence is triable by First Class Magistrate. Conclusion of trial will take time.

4.

Learned Public Prosecutor and counsel for the complainant have opposed the bail application. It is contended that complainant's money is due

towards petitioner.

5.

I have considered the contentions.

6.

Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.

7.

This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond

in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the

satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all

subsequent dates of hearing and as and when called upon to do so.