MANOJ BHARGAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present third bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.680/2019 Registered at Police Station Beawar City, District Ajmer for the offence(s) under Sec. 409 of I.P.C. 1860.

(2.) Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that the case is triable by First Class Magistrate and challan has already been presented in the court and conclusion of trial may take long time. Counsel further submits that the learned trial Court has framed the charge against the accused-petitioner on 6/3/2021 under Sec. 409 I.P.C. Counsel further submits that the petitioner is in custody for more than one year i.e. 28/2/2020 and even the charge has been framed by the learned trial Court after seven months of filing of the charge-sheet. Counsel further submits that allegation against the petitioner is that he has cheated the complainant to the tune of Rs. l crore 55 lacs.

(3.) In support of his contentions, counsel relied upon the judgment passed by the Hon'ble Supreme Court in the matter of Sanjay Chandra Vs. Central Bureau of Investigation reported 2012 Criminal Law Journal 702 wherein para 12 and 28 which has been held as under:-