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2021 DIGILAW 1591 (RAJ)

Gurjant Singh v. State of Rajasthan

2021-08-27

DEVENDRA KACHHAWAHA

body2021
JUDGMENT The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.246/2021 registered at Police Station Sadar, Ganganagar, registered for the offences punishable under Sections 420, 467, 468, 471 & 120-B of IPC. Heard learned counsel appearing for the petitioners and learned counsel for the complainant as well as learned Public Prosecutor. Perused the material available on record. Learned counsel appearing for the petitioners stated that offences are triable by the Magistrate; petitioners worked at oil mill of the complainant; no recovery or investigation is pending against the petitioners; due to dispute of entries of truck coming in oil mill campus, there was little dispute and petitioners have wrongly been implicated in this case. With these submissions, learned counsel for the petitioners prayed that benefit of bail may be granted to the petitioners. Per contra, learned Public Prosecutor and learned counsel appearing for the complainant vehemently and fervently opposed the bail application. Learned counsel appearing for the complainant stated that petitioner No.1-Gurjant Singh was the driver, petitioner No.2-Uttam Singh was the computer operator petitioner No.3-Sukhjant Singh was discharging duty of receiving the goods and weighing and petitioner No.4-Daya Shankar was discharging duty of unloading the goods; earlier also on the basis of false entries, unlawful gain was obtained by the petitioners; one other FIR No.262/2021 was filed by the complainant. He further stated that bail application of one Himanshu was rejected by the ADJ No.1, Sri Ganganagar vide order dated 24.08.2021. In reply, learned counsel for the petitioners stated that in regard FIR No.262/2021 filed on 10.08.2021, the same was filed after filing the present case and vide order dated 18.08.2021 in S.B. Criminal Misc. Petition No.4325/2021 this Court has passed the order in favour of the petitioners' of Criminal Misc. Petition No.4325/2021 that "In the meanwhile, petitioners shall not be arrested in connection with FIR 262/2021 registered at Police Station Sadar, Ganganagar, District Sri Ganganagar. However, the petitioners shall be required to join the investigation." Learned Public Prosecutor stated that 428 bags of mustard seeds recovered from the accused-petitioners. Petition No.4325/2021 that "In the meanwhile, petitioners shall not be arrested in connection with FIR 262/2021 registered at Police Station Sadar, Ganganagar, District Sri Ganganagar. However, the petitioners shall be required to join the investigation." Learned Public Prosecutor stated that 428 bags of mustard seeds recovered from the accused-petitioners. Having regard to the facts and circumstances of this case, particularly to the facts that offence are triable by the Magistrate; no recovery or investigation is pending against the accused- petitioners; and that looking to the photocopy of the order passed by the ADJ No.1, Sri Ganganagar passed in regard FIR No.262/2021 of Police Station Sadar, Sri Ganganagar, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted. Consequently, the bail application is allowed. It is ordered that the accused-petitioners - (1) Gurjant Singh S/o Duryodhan Singh, (2) Uttam Kumar S/o Hari Ram, (3) Sukhjant Singh S/o Bhagwan Singh and (4) Daya Shankar S/o Shiv Narain, arrested in connection with F.I.R. No.246/2021 registered at Police Station Sadar, Ganganagar, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.