Om Prakash S/o Navnarayan vs State of Rajasthan

Heard learned counsel for the petitioners and learned Public

Prosecutor as well as learned counsel for the complainant. Perused

the material available on record.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioners who are in custody in

connection with FIR No.239/2016, registered at Police Station

Phalodi, District Jodhpur for the offences under Sections 420, 406

and 120-B IPC.

Learned counsel Shri Thanvi submitted that the main

allegations of the prosecution are attributed to petitioner no.1 Om

Prakash and appropriate efforts shall be made to return the

amounts of the cheated persons and thus, while craving liberty to

withdraw the application of the petitioner no.1 Om Prakash, he

prays that the petitioner no.2 Giriraj @ Jayesh whose case stands

on a better footing deserves to be enlarged on bail.

Learned Public Prosecutor and learned counsel for the

complainant vehemently oppose the submissions advanced by the

petitioners'' counsel.

Having considered the arguments advanced at the Bar and

considering the fact that the main prosecution allegations are

against the petitioner no.1 Om Prakash, he does not deserve to be

enlarged on bail till he shows real intent to compensate the

cheated persons.

Accordingly, the instant bail application qua the petitioner

no.1 Om Prakash is dismissed as not pressed.

However, having regard to the entirety of the facts and

circumstances available on record but without expressing any

opinion on the merits of the case, this Court is of the opinion that

the petitioner no.2 Giriraj @ Jayesh deserves to be released on

bail.

Accordingly, the bail application preferred on behalf of the

petitioner no.2 Giriraj @ Jayesh under Section 439 Cr.P.C. is

allowed and it is directed that the petitioner no.2 Giriraj @ Jayesh

arrested in connection with the FIR No.239/2016, registered at

Police Station Phalodi, District Jodhpur 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.