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2025 DAILYLAW 12256 (RAJ)

ANAND JHANWAR S/O SHRI RAJENDRA KUMAR JHANWAR v. STATE OF RAJASTHAN

CRLMB/3934/2025 · 2025-04-02

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:14780] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3934/2025 Anand Jhanwar S/o Shri Rajendra Kumar Jhanwar, Aged About 55 Years, R/o Bangla No. 8, Flat No. 501, S.b. 29 Bapu Nagar, Near Subodh School, Jaipur (Raj.) (At Present Confined In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. V.R. Bajwa, Sr. Adv. with Ms. Savita Nathawat For Respondent(s) For Complainant(s) : : Mr. Vivek Choudhary, PP Mr. Bal Ram Vashisth HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 02/04/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.30/2025 registered at Police Station Mahesh Nagar, District Jaipur City (South) (Raj.) for the offences punishable under Sections 316(2) & 318(4) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that essentially there is civil dispute between the parties and FIR has been lodged with malafide intention to settle the civil dispute. It is submitted that bare perusal of the FIR shows that there was business transactions between the parties. It is evident from the [2025:RJ-JP:14780] (2 of 3) [CRLMB-3934/2025] FIR that payment of Rs.88,83,420/- (Eighty Eight Lakh Eighty Three Thousand Four Hundred Twenty Rupees) has already been made in favour of the complainant and FIR has been lodged to recover rest of the amount. Counsel submits that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Petitioner is in custody since 07.03.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. Counsel for the complainant submits that simply for winning trust of the complainant, some payment was made by the petitioner but later on, with the intention to cheat the complainant no further payment was made by him. 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 parties, so also considering the averments made in the FIR and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner- Anand Jhanwar S/o Shri Rajendra Kumar Jhanwar shall be released on bail provided he 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/- [2025:RJ-JP:14780] (3 of 3) [CRLMB-3934/2025] (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he 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. 7. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /259