For Granting a Bail, it is required for the court to check the level of seriousness of allegations: High Court of Rajasthan

For granting a bail to the petitioner, it is important to check the seriousness of allegations level against the petitioner. This honorable judgement was passed by High Court of Judicature for Rajasthan in the case of Indrapal Singh v. The State of Rajasthan [S. B. Criminal Miscellaneous Third Bail Application No. 4347/2021] by The Hon’ble Mrs. Justice Sabina.

The Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 111/2016 registered at Police Station Vidhyakpuri, District Jaipur for offences under Sections 420, 467, 468, 471, 406 and 120B of Indian Penal Code, 1860. The petitioner is in custody since 21.07.2016. Offence in the present case is triable by Magistrate. Charges have been framed in this case after passing of the order dated 23.05.2017 by the Hon’ble Supreme Court. In the facts of the present case, petitioner was entitled to be granted conditional bail.

In support of his arguments, learned counsel had placed reliance on the judgment of the Hon’ble Supreme Court in Sanjay Chandra Vs Central Bureau of Investigation, (2012). Learned State counsel had opposed the petition. In the present case earlier bail petition filed by the petitioner was dismissed on merits by this Court keeping in view the seriousness of the allegations levelled against the petitioner. As per the prosecution case, co-accused had taken loan from the bank to the tune of Rs. 1,50,00,000/- on the basis of forged documents and had defaulted in making the payment. Co-accused was stated to be brother of the petitioner. After dismissal of bail petition, petitioner approached the Hon’ble Supreme Court and Petition for Special Leave to Appeal (Crl.) No. 2399/2017 filed by the petitioner was disposed of vide order dated 23.05.2017

By an order dated 24.03.2017, the court directed the petitioner to file an affidavit that he would pay the amount due to the Bank. An affidavit had been produced by the petitioner before this Court wherein the petitioner is expressing his willingness to pay a sum of Rs.1,50,00,000/- to the complainant within six months from the date of his release from jail. An undertaking to this effect would be filed by the petitioner in the Registry of this Court. The affidavit filed had been taken on record.

The court opinioned that, “taking into consideration the contents of the aforesaid affidavit, we consider it appropriate in the interests of justice to direct the release of the petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs.20,000/- with two sureties of the like amount to the satisfaction of the trial court.

The court dismissed the bail petition stating that, “In pursuance to the above order dated 23.05.2017, had failed to deposit the amount-in-question and he again surrendered before the trial court and thereafter he is in custody. Keeping in view the seriousness of allegations levelled against the petitioner and the facts and circumstances of the case, no ground for grant bail to the petitioner is made out. The judgment relied upon by learned counsel for the petitioner fails to advance the case of the petitioner.

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