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2025 DAILYLAW 10228 (RAJ)

JAWAHARLAL KHINCHI S/O LATE SHRI SAGARMAL v. STATE OF RAJASTHAN

CRLMB/3344/2025 · 2025-05-27

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:22326] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3344/2025 Jawaharlal Khinchi S/o Late Shri Sagarmal, Aged About 55 Years, R/o Ward No 16 Jhunjhunu Police Station Kotwali, Jhunjhunu, District Jhunjhunu (Raj.). (At Present Confined In District Jail, Jhunjhunu). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ajay Kumar Jain with Ms. Priya Tanwar, Ms. Payal Choudhary, Mr. S.K. Jain For Respondent(s) : Mr. Devi Singh, PP Mr. Hemant Gajraj HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/05/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Jawaharlal Khinchi S/o Late Shri Sagarmal in FIR No.213/2014 dated 08.05.2014 registered at P.S. Kotwali, District - Jhunjhunu, whereby the applicant-accused has charged under Sections 419, 420, 467, 468 and 471 IPC and Section 12 of Passport Act. 2. The applicant-Jawaharlal Khinchi S/o Late Shri Sagarmal was arrested on 24.02.2025 and is in judicial custody since then. The Court below has dismissed the bail application. 3. Learned counsel for the petitioner submitted that petitioner is an innocent person and he was falsely implicated by police. He further submitted that the alleged incident was [2025:RJ-JP:22326] (2 of 4) [CRLMB-3344/2025] committed in year 2014 and FIR No.213/2014 was registered on 08.05.2014 wherein police has filed charge- sheet against one accused but later in year 2025 all of sudden drawn a conclusion against the petitioner accused and arrested him. He also submitted that due to animosity between brothers, a report was registered by one brother against others who are residing in Italy and disposal of criminal case will take its own time whereas main accused is already enlarged on bail. 4. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of complaint dated 08.05.2014 by complainant Narottam Lal to Superintendent of Police, Jhunjhunu, FIR No.213/2014 under Sections 419, 467, 468 and 471 IPC was registered at P.S. Kotwali, Dist. Jhunjhunu wherein it was alleged that Babita Devi has procured fake and false passport. Similar allegations were made against Nand Lal and Jawahar Lal. After investigation, police has filed charge- sheet against Babita Devi and Nand Lal. The accused Babita Devi was released on bail whereas Nand Lal is in Italy and he could not be arrested. The charge-sheet against Nand Lal is filed under Section 299 Cr.P.C. 7. The police has re-investigated the matter and afterwards found involvement of present petitioner and after confirmation of involvement in committing crime, petitioner [2025:RJ-JP:22326] (3 of 4) [CRLMB-3344/2025] was arrested and now he is in custody. Learned Additional Sessions Judge No.2, Jhunjhunu has dismissed bail application under Section 439 Cr.P.C. on 28.02.2025. There is no criminal antecedents against the petitioner and disposal of case will take its own time. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused-Jawaharlal Khinchi S/o Late Shri Sagarmal. 9. Thus, the instant bail application filed on behalf of applicant- accused Jawaharlal Khinchi S/o Late Shri Sagarmal is hereby allowed and the applicant(s)-accused Jawaharlal Khinchi S/o Late Shri Sagarmal is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of ₹25,000/- to the satisfaction of the Trial Court with the following conditions:- (i) The applicant(s)-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant(s)-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant(s)-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. [2025:RJ-JP:22326] (4 of 4) [CRLMB-3344/2025] (iv) In case of any violation of above conditions, the bail granted to the applicant(s)-accused shall be liable to be cancelled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /68 (CN-13)