S.B.CR. MISC. BAIL APPLICATION NO.7623/2008 PRASHANT VS. STATE OF RAJ. 20.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Dinesh Kala, for the petitioner. Mr. RP Kuldeep,Public Prosecutor for the State. This order governs the disposal of bail application filed by Shri Dinesh Kala, Advocate on behalf of the applicant Prashant pertaining to F.I.R.No.282/2008 of Police Station Vidhayakpuri, District Jaipur in the offences under Sections 420 & 406 of IPC. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. Learned counsel for the petitioner has contended that he has been falsely implicated in this case. There is no evidence on record which may connect the petitioner with the commission of offence of this case. The offences, wherein the petitioner is alleged to have been involved, are triable by the Court of Judicial Magistrate First Class. The petitioner has been in custody for quite some time, keeping him in custody will not serve any purpose, as such he may be released on bail. Learned Public Prosecutor has opposed the bail petition primarily on this ground that the petitioner along with other co-accused persons were running a fake and forged transport Company and recovering the installments from the customers on behalf of the other Company, thus misappropriating the entire money. The case is still pending investigation and a lot of more details are yet to be collected, hence the bail petition of the accused Prashant may be dismissed. -2- Having considered the submissions made at the bar and scanned the material on record, it is noticed that the complainant Ashok Pareek contacted Rana Associate to finance his Maruti Van 4310. Rana Associates advanced a finance of Rs.85,000/- to the complainant and charged thereon an amount of Rs.4,000/- as brokerage. It is also found that he paid three installments in this Company but he was never issued any receipt thereof. When he went to deposit the fourth installment, the accused persons issued the receipt on behalf of Rana Associates. 4th receipt was also shown to have been received by the Rana Associates whereas Rana Associates was not at all in existence. One receipt was also issued on behalf of 'Lakhshias Motors' when the complainant expressed his distress that in case the actual financer Shree Ram Finance comes to collect the dues (money), what shall he do in that case?. On this query, the accused persons misbehaved and abused him. In fact, the spate of such forged incidents has alarmingly increased during last few years which is required to be curbed at its initial stage. Hence, without commenting on the merits of the case, I, in view of the facts and circumstances, do not feel inclined to grant bail to the accused petitioner, as such, his bail petition deserves to be dismissed. In the result, the bail petition filed under Section 439 of Cr.P.C on behalf of the accused petitioner Prashant S/o Shri Manohar Rana stands dismissed. (MAHESH BHAGWATI)J. PCG