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2022 DIGILAW 337 (RAJ)

Tarun Mali S/o Likhmaram v. State Of Rajasthan

2022-02-03

DEVENDRA KACHHAWAHA

body2022
JUDGMENT Devendra Kachhawaha, J. - In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing. 2. 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.290/2021, Police Station Marwar Junction, District Pali, registered for the offence punishable under Sections 384 & 354 of the Indian Penal Code and Section 67 of the I.T. act. 3. Heard learned counsel for the petitioner through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record. 4. Learned counsel for the petitioner stated that one agreement in regard to sale of a property has been exhibited between Pushpa Devi, mother of the complainant and Lakhma Ram, father of the petitioner; amount of sale consideration is Rs. 22,00,000/- and Rs. 12,00,000/- have been paid at the time of execution of agreement and remaining amount has to be paid before 31.12.2019 but, the same has not been paid by complainant side; petitioner has falsely been implicated in this case; mobile number mentioned in the FIR belongs to co-accused Deepak and not to the petitioner; petitioner is behind the bars since 17.12.2021; father of the petitioner is suffering from cancer disease; no investigation or recovery is pending against the petitioner; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner. 5. Per contra, learned Public Prosecutor has vehemently opposed the bail application of the accused-petitioner and stated that some objectionable photographs of the complainant have allegedly been uploaded on Instagram by the accused-petitioner which has defamed the complainant victim 'P'. 6. Having regard to the facts and circumstances of the case, particularly looking to the Hindi translation copy of the agreement of sale executed between the parties which is filed by learned counsel for the petitioner; illness of the father of the accused-petitioner; accused-petitioner is behind the bars since 17.12.2021; no investigation or recovery is pending against the accused-petitioner; and 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. 7. 7. Consequently, the bail application is allowed. It is ordered that the petitioner, Tarun Mali S/o Likhmaram, arrested in connection with F.I.R. No.290/2021, Police Station Marwar Junction, District Pali, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each (one surety shall be a local) 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.