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2021 DIGILAW 760 (RAJ)

Sanjay Gurnani v. State Of Rajasthan

2021-04-05

SANDEEP MEHTA

body2021
JUDGMENT Sandeep Mehta, J. - Heard learned counsel for the appellant, learned Public Prosecutor, learned counsel for the complainant and perused the material available on record. 2. The instant appeal has been filed under Section 14-A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.66/2019 registered at the Police Station Pratapnagar, District Udaipur for the offences under Sections 420, 406, 467, 468, 471, 120-B IPC and Sections 3(2)(v), 3(2)(va) of the SC/ST Act, against the order dated 16.03.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur in Criminal Misc. Case No.72/2021, whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 3. The main allegations of the complainant are against co-accused Dev Narayan Gurjar. The appellant was allegedly the Direct Selling Agent of the bank, from which the loan was procured by cheating the complainant. The petitioner's presence is no longer required in judicial custody for any purpose whatsoever. 4. In this view of the matter and having regard to the over all facts and circumstances of the case, this Court is of the opinion that the appellant deserves indulgence of bail and thus, the order rejecting the application for bail filed on behalf of the appellant cannot be sustained. 5. Consequently, the instant appeal is allowed. The impugned order dated 16.03.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur in Criminal Misc. Case No.72/2021 is set aside. It is ordered that the accused-appellant Sanjay Gurnani S/o late Babu Lal Gurnani Sindhi arrested in connection with F.I.R. No.66/2019 registered at the Police Station Pratapnagar, District Udaipur 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.