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Rajasthan High Court · body

2019 DIGILAW 2589 (RAJ)

Sitaram Bhola v. State of Rajasthan

2019-09-24

VIJAY BISHNOI

body2019
JUDGMENT Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in FIR No.380/2018 of Police Station Goverdhan Villas District Udaipur for the offences punishable under Sections 406, 420, 467, 478, 471 and 120-B IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that in the FIR, allegation of this effect has been levelled against several persons that they have collected huge money from the unemployed persons with the promise to give them job. It is submitted that the petitioner is Managing Director and Chairman of an NGO, whose branch was established at Udaipur and two co-accused persons viz Wasim Khan and Arif Mohammad were appointed there for managing affair of the branch. It is submitted that Arif Mohammad and Wasim Khan collected money from various persons, however they did not deposit the same in the account of the NGO and misappropriated the same. It is submitted that there is no direct involvement of the petitioner in the commission of crime. 4. Learned Public Prosecutor has opposed the bail application and submitted a factual report dated 22.09.2019 prepared by SHO, Police Station Goverdhan Villas, District Udaipur from which it is clear that the police have found that the money collected by Arif Mohammad and Wasim Khan, has not been deposited in the account of the NGO and the same has been misappropriated by them. It is submitted that the police are treating the petitioner as accused for the offence punishable under Section 120-B IPC only. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Sitaram Bhola S/o Sh. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Sitaram Bhola S/o Sh. Juglal Bhola shall be released on bail in connection with FIR No.380/2018 of Police Station Goverdhan Villas District Udaipur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of 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.