Sunil Goenka S/O Shri Dinesh Chandra Gupta B/C Aggarwal vs. State Of Rajasthan
Held
The Court allowed the bail application. While not expressing an opinion on the merits of the case, the Court considered the contentions put forth by the counsel for the petitioners and the facts and circumstances of the case. The reasoning appears to be based on the petitioners' assertion of being traders who conducted transactions via GST invoices and their claim of false implication, coupled with their period of custody. The operative direction was to enlarge the petitioners on bail upon furnishing personal bonds and sureties. No specific issues were expressly left undecided, as the decision was on the bail application itself.
Facts
The petitioners, Sunil Goenka and Pramod Kumar Mittal, are seeking bail in connection with FIR No. 130/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406, 409, and 120-B IPC. The petitioners, who are traders, purchased methi (fenugreek) from Shri Hazari Lal Gupta. The FIR alleges that Hazari Lal Gupta illegally sold the methi to the petitioners and misappropriated goods belonging to the complainant, Ashutosh Kedawat. The petitioners contend they are not named in the FIR and that they sold the methi, which they purchased as traders, through GST invoices to Shri Balaji Traders. They have been in custody since April 10, 2019.
Key Issues
1. Whether the petitioners are entitled to be enlarged on bail under Section 439 Cr.P.C. given the facts and circumstances of the case? The petitioners argued that they were falsely implicated, not named in the FIR, and acted as traders selling goods through GST invoices. They emphasized their role as purchasers and subsequent sellers of the goods. The State, through the Public Prosecutor, opposed the bail application, but the specific grounds for opposition were not detailed in the judgment. The court was asked to consider the allegations of cheating and criminal breach of trust in the context of the petitioners' commercial transactions.
Sections Cited
Section 439 Cr.P.C.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5378/2019
Sunil Goenka S/o Shri Dinesh Chandra Gupta B/c Aggarwal, Aged About 25 Years, R/o Manoj Medical Store, In Front Of Govt. Hospital, Distt. Karauli. At Present R/o House No. 85, Krishna Nagar, Near Triveni Chauraha, Gopal Pura Bypass, Police Station Mahesh Nagar, Jaipur (At Present Lodged In Central Jail Jaipur)
Pramod Kumar Mittal S/o Shri Bhagwan Lal Mittal B/c Mahajan, Aged About 38 Years, R/o House No. C-34, Shanti Nagar, Gujar Ki Thadi, Police Station Mansarowar, Jaipur (At Present Lodged In Central Jail Jaipur) ----Petitioners Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Vivek Raj Singh Bajwa For Respondent(s) : Mr. S. K. Mahla, PP HON'BLE MR. JUSTICE INDERJEET SINGH Order 29/04/2019
The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.130/2019 Registered at Police Station Malviya Nagar, Jaipur for the offence(s) under Sections 420, 406, 409 and 120-B IPC.
Counsel for the petitioners submits that the petitioners have been falsely implica
The judgment continues below.
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