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Rajasthan High Court · body

2019 DIGILAW 2993 (RAJ)

Kumar Priyanshu @ Aklavya Singh v. State

2019-12-13

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.171/2019 of Police Station Mandore District Jodhpur for the offences punishable under Sections 419, 420, 376 (2) (N), 384 IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the allegation against the petitioner is to the effect that the he has committed cheating with the complainant and his family and misappropriated the amount of rupees fifty five lacs. It is submitted that the allegation against the petitioner of misappropriating the amount of rupees fifty five lacs is false. It is submitted that as a matter of fact, the petitioner took loan from the complainant and his family of rupees twenty five lacs and he is unable to repay the same, therefore, this false case regarding misappropriation of money and sexual assault has been levelled against the petitioner. It is submitted that the petitioner is ready to pay rupees twenty five lacs to the complainant and his family in installments and pursuant to that he has already paid rupees five lacs to the complainant on 10.12.2019. It is further submitted that charge-sheet has been filed and trial of the case will take time. 4. Learned Public Prosecutor as well as learned counsel for complainant have vehemently opposed the bail application. Learned counsel for the complainant has verified that rupees five lacs have been paid by the petitioner to the complainant on 10.12.2019. 5. Having heard learned counsel for the parties and after taking into consideration the fact that charge-sheet has been filed against the petitioner and the petitioner is ready to pay rupees twenty five lacs to the complainant. It is also considered that rupees five lacs have already been paid by the petitioner. At this stage, learned counsel for the petitioner has submitted that the petitioner will pay the remaining twenty lacs in next four months by making payment of rupees five lacs in each month. 6. It is also considered that rupees five lacs have already been paid by the petitioner. At this stage, learned counsel for the petitioner has submitted that the petitioner will pay the remaining twenty lacs in next four months by making payment of rupees five lacs in each month. 6. Having regard to the totality of the facts and circumstances of the case and the assurance given by the learned counsel for the petitioner, 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. 7. It is made clear that if there is any default by the petitioner in making remaining payment of rupees twenty lacs, the complainant is free to move application for cancellation of bail. 8. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Kumar Priyanshu @ Aklavya Singh S/o Sh. Ram Udgar Yadav shall be released on bail in connection with FIR No.171/2019 of Police Station Mandore District Jodhpur 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.