High CourtsSingle Bench

Kuljeet Singh @ John Gill vs State Of Rajasthan

Rajasthan High Court · Decided on 3 December 2020 · Citation: (2020) 12 RAJ CK 0038

HON’BLE JUDGES
Mahendar Kumar Goyal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 323, 384, 385, 420, 406, 427, 448, 452 · Negotiable Instruments Act, 1881 — Section 138
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14584 Of 2020
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Judgment

17 paragraphs · 364 words

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 256/2019 registered

at Police Station Kaithun, District Kota Rural for the offence under Section(s) 420, 406, 427, 448, 452, 384 of IPC and later on for the offence under

Section(s) 420, 406, 323, 427, 384, 385, 452, 441, 448 of IPC and IT Act.

It is contended by the learned counsel for the petitioner that he has falsely been implicated in this case in which for the incident alleged to have taken

place in August, 2018 and thereafter in January, 2019, the FIR has been lodged as late as on 04.06.2019. Drawing attention of this Court towards

compliant filed by him against son of the complainant under Section 138 of the Negotiable Instruments Act, 1881 as well as the order dated 14/12/2020

taking cognizance, learned counsel for the petitioner submitted that to counterblast the same, he has falsely been implicated in this case. He submits

that the petitioner is in custody since 05.112020, charge sheet has been filed, offences are triable by Magistrate, he has no criminal antecedents of like

nature and prays for his release on bail.

Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,

the nature of allegation against him, his length of custody, filing of the charge sheet, offences being triable by Magistrate and absence of criminal

antecedents of like nature; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on

bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Kuljeet Singh @ John Gill S/o Shri Onkar Singh shall be released

on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal

bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to

the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.