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2020 DIGILAW 206 (RAJ)

Manish Kumar Parsad v. State of Rajasthan

2020-01-22

VINIT KUMAR MATHUR

body2020
JUDGMENT 1. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 240/2019, Police Station Udaimandir, District Jodhpur for the offences under Sections 420 & 406 of I.P.C. Heard learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for the complainant. Perused the material available on record. 2. Learned counsel for the petitioner submits that the present F.I.R. has been lodged after a delay of four years and there is no explanation for the same. He further submits that the charge-sheet in the matter has already been filed and the conclusion of trial will take sufficient long time. Learned counsel further submits that the petitioner undertakes to repay Rs. 1,60,000/- taken from the complainant within a period of two months. He further undertakes that if the same is not repaid within the stipulated period, the petitioner should not be continued to get benefit of enlargement on bail in the present case. 3. Learned counsel for the complainant submits that the complainant undertakes that after receipt of the amount of Rs. 1,60,000/-, the cheques which were given by the petitioner to her will be returned forthwith. 4. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and in view of the undertaking given by the petitioner before this Court, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 5. Consequently, the present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Manish Kumar Parsad S/o Premchand Parsad arrested in connection with F.I.R. No. 240/2019, Police Station Udaimandir, District Jodhpur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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. 6. 6. However, it is made clear that in case, the said amount is not repaid by the petitioner within the stipulated period of two months from the date of his release from prison, the complainant will be at liberty to move an appropriate application for cancellation of bail granted to the petitioner in the present case.