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2021 DIGILAW 1940 (RAJ)

Gaurav Maheshwar v. State of Rajasthan

2021-10-05

VIJAY BISHNOI

body2021
JUDGMENT Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in the following FIRs for the following offences :- CRLMB No. FIR No. Police Station Offences punishable u/S. 10832/2021 179/2019 Sadar Kotwali, Jodhpur 420 and 406 IPC 10833/2021 51/2020 Pratap Nagar, Jodhpur 420, 467, 468 and 471 IPC 10834/2021 329/2019 Sardarpura, Jodhpur 420, 467, 468, 471 IPC 6842/2021 556/2019 Udaimandir, Jodhpur 420, 467, 468, 471 IPC 10658/2021 421/2020 Pratapnagar, Jodhpur 420, 465, 466, 467, 468, 471 and 472 IPC 10659/2021 178/2019 Sadar Kotwali, Jodhpur 420, 467, 468, 471 and 120-B IPC 10660/2021 236/2019 Rajiv Gandhi Nagar, Jodhpur 420 and 467 IPC 3. The petitioner has preferred these second bail applications under Section 439 Cr.P.C. 4. Learned counsel for the petitioner has submitted that the allegations levelled in the impugned FIRs except one FIR are similar in nature and in all those FIRs, after investigation, charge-sheets have been filed against the petitioner. It is also submitted that the earlier bail applications of the petitioner were dismissed by this Court while taking into consideration the fact that when the petitioner was released on bail in some other cases, he prepared a forged order of this Court and produced the same to take illegal benefit from it. Learned counsel for the petitioner has submitted that in that FIR also the charge-sheet has been filed. Learned counsel for the petitioner has submitted that in all the FIRs filed against the petitioner, the offences alleged to have been committed by the petitioner are triable by Magistrate. It is further submitted that the petitioner was earlier released on interim bail in some of the matter for the purpose of treatment of his father and during that time he did not misuse any condition of the bail and surrendered himself before the jail authorities on expiry of the said interim bail period. It is also submitted that the total custody period of the petitioner is around 18 months and trial against the petitioner will take time, therefore, he is entitled to be enlarged on bail. 5. Learned Public Prosecutor has opposed the bail application. It is also submitted that the total custody period of the petitioner is around 18 months and trial against the petitioner will take time, therefore, he is entitled to be enlarged on bail. 5. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 6. Accordingly, these second bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioner Gaurav Maheshwari S/o Sampat Lal Maheshwari shall be released on bail in connection with the following FIRs :- CRLMB No. FIR No. Police Station Offences punishable u/S. 10832/2021 179/2019 Sadar Kotwali, Jodhpur 420 and 406 IPC 10833/2021 51/2020 Pratap Nagar, Jodhpur 420, 467, 468 and 471 IPC 10834/2021 329/2019 Sardarpura, Jodhpur 420, 467, 468, 471 IPC 6842/2021 556/2019 Udaimandir, Jodhpur 420, 467, 468, 471 IPC 10658/2021 421/2020 Pratapnagar, Jodhpur 420, 465, 466, 467, 468, 471 and 472 IPC 10659/2021 178/2019 Sadar Kotwali, Jodhpur 420, 467, 468, 471 and 120-B IPC 10660/2021 236/2019 Rajiv Gandhi Nagar, Jodhpur 420 and 467 IPC 7. The petitioner shall be released on bail provided he executes a personal bond in a sum of Rs.50,000/- each for all the FIRs with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.