Research › Search › Judgment

Rajasthan High Court · body

2020 DIGILAW 283 (RAJ)

Shiv Kumar v. State

2020-01-30

VINIT KUMAR MATHUR

body2020
JUDGMENT Vinit Kumar Mathur, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.0197/2019, Police Station- Kachhola District Bhilwara for the offences under Sections 406, 420 & 120-B of IPC. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. It is submitted by learned counsel for the petitioner that the petitioner is the facilitator and acting as broker to the complainant and other persons to whom the material has been supplied by the complainant. He further submits that most of the amounts due to the company has already been paid but still the balance amount is yet to be paid to the complainant. The real beneficiaries of the transaction are those traders who have actually received the material from the complainant and actually the money is required to be paid by them to the complainant of course through the present petitioner since he was the facilitator of the business. 4. Learned counsel for the petitioner undertakes that the petitioner will use all his resources and good offices for facilitation of the payments due to the present complainant within a period of two months from today from the traders to whom the material has been sent. He further undertakes that he will not try to influence the investigation in the FIRs lodged by the complainant in the other States. Therefore, it is prayed that the petitioner may be enlarged on bail. 5. The learned Public Prosecutor opposes the bail. 6. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Shiv Kumar S/o Shri Jagdish Chandra Baser arrested in connection with F.I.R. No.0197/2019, Police Station- Kachhola District Bhilwara 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. 8. 8. It is made clear that in case of above undertaking given by learned counsel for the petitioner is violated by the present petitioner, the complainant will be free to move an appropriate application for cancellation of bail granted to the petitioner.