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High CourtsSingle Bench(2022) 02 RAJ CK 0020

Rahul Kumar Gautam And Others vs State

Rajasthan High Court · Decided on 4 February 2022

HON’BLE JUDGES
Vinit Kumar Mathur, J
RESULT
Allowed
CASE NUMBER
S.B. Criminal Miscellaneous Bail Application No. 637, 1044 Of 2022

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Judgment

18 paragraphs · 322 words

Vinit Kumar Mathur, J

Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona

virus (COVID-19).

The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R.

No.227/2021, Police Station Kuchera,

District Nagaur for the offences under Sections 420, 406 of IPC and Sections 66C and 66D of IT Act.

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioners submits that there was ongoing money transaction between the petitioners and the complainant-party which the

complainant was well aware of. The offences alleged in the case are triable by Magistrate. He further submits that the petitioners are facing

incarceration since 15.12.2021. He, therefore, prays that the petitioners may be enlarged on bail.

The learned Public Prosecutor as well as learned counsel for the complainant opposed the bail.

Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus

(COVID-19), in particular the jails, this Court deems it just and proper to release the petitioners on bail.

Consequently, the bail applications filed under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Rahul Kumar Gautam

S/o Meva Lal (2) Abraham Jafar Khan S/o Abdul Jafar Khan arrested in connection with F.I.R. No. 227/2021, Police Station Kuchera, District

Nagaur shall be released on bail; provided each of them furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of

Rs.25,000/- (Rupees: Twenty Five Thousand Only) (out of which one surety will be of local) each 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.