Research › Search › Judgment

Rajasthan High Court · body

2020 DIGILAW 394 (RAJ)

Manish Kumar Prasad v. State of Rajasthan

2020-02-19

VINIT KUMAR MATHUR

body2020
JUDGMENT 1. 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.239/2019, Police Station Udaimandir, Jodhpur City East for the offences under Sections 420 & 406 of IPC. 2. Heard learned counsels for the parties. Perused the material available on record. 3. It is submitted by learned counsel for the petitioner that the charge-sheet in the case has been filed. He further submits that the petitioner undertakes that an amount of Rs.1,20,000/- (Rupees: One Lac Twenty Thousand Only) will be paid to the complainant within a period of eight weeks from the date of release from the Jail. He also submits that if the amount due to the complainant is not repaid within the stipulated period then the order passed for releasing him on bail shall come to an end. Therefore, it is prayed that the petitioner may be enlarged on bail. 4. The learned Public Prosecutor/complainant submits that if the amount due is not deposited by the petitioner in view of the undertaking given above, they may be granted liberty to move the cancellation of the bail granted by this Court. 5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the petitioner undertakes to repay the amount due to the complainant within a period of eight weeks, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the present bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Manish Kumar Prasad S/o Prem Chand Prasad arrested in connection with F.I.R. No.239/2019, Police Station Udaimandir, Jodhpur City East 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. 7. 7. However, it is made clear that the petitioner shall repay the amount in view of the undertaking submitted above within the stipulated period failing which learned counsel for the complainant/learned Public Prosecutor will be at liberty to move an appropriate application for cancellation of bail granted to the petitioner by this Court.