CRLMB/15787/2023 of PANKAJ TIWARI @ MUNIYA S/O HARI PRAKASH TIWARI Vs STATE OF RAJASTHAN on 22 December 2023

1. State Of Rajasthan, Through Pp

2. Ashok Kumar Pandey S/o Shri Ram Pratap Pandey, R/o29, South West Block, Kotwali, Alwar (Raj.)29, South West Block, Kotwali, Alwar (Raj.)

----Respondents

For Petitioner(s) : Mr. Ganesh Dutt Gautam,Mr. Ajay YadavFor Respondent(s): Mr. Laxman Meena, PP

HON'BLE MR. JUSTICE SUDESH BANSALOrder

22/12/2023

1. The instant bail application has been filed by petitioner underSection 439 Cr.P.C. in connection with FIR No.288/2023 registeredat Police Station Kotwali, Alwar for offence(s) under Sections 420,120-B IPC.

2. Learned Public Prosecutor submits that information tocomplainant has already been sent, however no one has put inappearance on behalf of complainant.

3. Counsel for petitioner submits that petitioner has falselybeen implicated in the present case; petitioner is in custody since01.09.2023 and conclusion of trial will take considerable time,therefore, petitioner may be enlarged on bail.

4. Learned Public Prosecutor has opposed the bail applicationand states that in previous other cases have also been registeredagainst the petitioner.

5. Having heard learned counsel for the petitioner as well aslearned Public Prosecutor and perusing the material available onrecord; considering the nature of offences which are triable by theCourt of Magistrate, conclusion of trial will take considerable time,but without commenting on merits of the case, this Court deems itjust and proper to release the petitioner on bail subject tocondition.

6. Accordingly, the bail application is allowed and it is orderedthat the accused-petitioner Pankaj Tiwari @ Muniya S/o HariPrakash Tiwari shall be released on bail provided he furnishes apersonal bond in the sum of Rs.50,000/- with two sureties ofRs.25,000/- each to the satisfaction of the learned trial Judge forhis appearance before the court concerned on all the dates ofhearing as and when called upon to do so.

7. However, in view of pendency of cases against the petitioner,it is made clear that if the petitioner is found involved in similaroffence, during bail granted by this Court or breach of thiscondition is reported or come to the notice of the Court, the sameshall be a reason for the trial Court to cancel the bail, granted bythis Court.

(SUDESH BANSAL),J