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2025 DAILYLAW 11487 (RAJ)

KALAWATI W/O LATE RAMKISHORE v. STATE OF RAJASTHAN

CRLMB/3789/2025 · 2025-03-12

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:11703] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3789/2025 Kalawati W/o Late Ramkishore, Aged About 78 Years, R/o Ward No. 09, Mirjapur P.s. Gangapur City, District Sawai Madhopur. (Accused Petitioner Presently Confined In Sub- Jail Gangapur City) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3790/2025 1. Suresh S/o Late Ramkishore, Aged About 50 Years, R/o Ward No. 09, Mirjapur P.s. Gangapur City, District Sawai Madhopur. (Accused Petitioner Presently Confined In Sub- Jail Gangapur City) 2. Shersingh S/o Ratanlal, Aged About 50 Years, R/o Ward No. 09, Mirjapur P.s. Gangapur City, District Sawai Madhopur. (Accused Petitioner Presently Confined In Sub- Jail Gangapur City) 3. Gyan Singh S/o Nathiya, Aged About 46 Years, R/o Ward No. 09, Mirjapur P.s. Gangapur City, District Sawai Madhopur. (Accused Petitioner Presently Confined In Sub- Jail Gangapur City) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. D.K. Dixit For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/03/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.239/2024 registered at Police Station Gangapur City, District Gangapur City for the offences punishable under Sections 420, 406, 467, 468, 120B, 504 and 511 of IPC. [2025:RJ-JP:11703] (2 of 3) [CRLMB-3789/2025] 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submits that alleged offences are triable by magistrate and entire offences are based on documents which are in power and possession of the Investigating Agency. According to the allegation levelled in the FIR, the alleged plot was purchased by the complainant from the petitioners on 12.01.2008 through agreement to sale and same plot has been sold by the petitioners to some other person on 14.01.2024. It is submitted that cross cases have been registered between the parties and it has been alleged by the petitioners that no agreement to sale was executed in favour of the complainant. There are no criminal antecedents against the petitioners and trial of the case will take considerable time in its conclusion. Petitioners are in custody since 25.02.2025 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, so also considering the fact that alleged offences are triable by Magistrate and entire offences are based on documents which are in power and possession of the Investigating Agency; absence of criminal antecedents against the petitioners and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything [2025:RJ-JP:11703] (3 of 3) [CRLMB-3789/2025] on the merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – (1) Kalawati W/o Late Ramkishore, (2) Suresh S/o Late Ramkishore, (3) Shersingh S/o Ratanlal and (4) Gyan Singh S/o Nathiya, shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observation made herein above is only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J pcg/987-988