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Rajasthan High Court · body

2021 DIGILAW 1530 (RAJ)

Kamlesh v. State of Rajasthan

2021-08-17

DEVENDRA KACHHAWAHA

body2021
ORDER 1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 84/2021, Police Station Shakkargarh, District Bhilwara, registered for the offences under Sections 406 and 420 of the Indian Penal Code. 2. Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner stated that offences are triable by the Magistrate; petitioner is behind the bars since 19.07.2021. He further prayed that the petitioner may be granted conditional bail and for the purpose, the petitioner is ready to deposit the full amount towards complainant within a period of one month and in case, if he fails to do so, the prosecution shall be free to file application for cancellation of bail. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the accused-petitioner. 4. Per contra, learned Public Prosecutor has seriously opposed the bail application and stated that an amount of Rs.36,500/- has been taken from the complainant and the same has not been deposited by the accused-petitioner. Learned Public Prosecutor further requested to impose special condition that bail may be granted with the condition that counsel for the accused-petitioner undertakes to deposit full amount within a period of one month and if the same is not deposited, the prosecution shall be free to file application for cancellation of bail. 5. Having regard to the facts and circumstances of the case, particularly to the facts that if the accused-petitioner undertakes that he shall deposit full amount in the bank account of the complainant as per the rules within a period of one month from today, as mentioned above; and that the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted subject to the special condition that if the full amount towards complainant is not deposited by the petitioner within the stipulated period of one month from today, the prosecution shall be at liberty to file application seeking cancellation of present bail. 6. Consequently, the bail application is allowed. 6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Kamlesh S/o Shri RamchandraVaishnav, arrested in connection with F.I.R. No. 84/2021, Police Station Shakkargarh, District Bhilwara, shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs. 25,000/- 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. It is made clear that if the full amount is not deposited by the accused-petitioner within the stipulated period of one month from today, the prosecution shall be at liberty to file application seeking cancellation of bail.