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[2025:RJ-JP:13658] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.4234/2025 Iqbal S/o Shri Yusuf Khan, Aged About 31 Years, R/o Hanuman Mandir Ke Pass, Dhakania Station, Surya Nagar, Police Station Udhyog Nagar, District Kota (Raj.) (At Presently Confined In District Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pawan Kumar Verma, Adv. For Respondent(s) : Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 26/03/2025
1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.467/2023, registered at Police Station Udhyog Nagar (Kota City), District Kota City, for the offence(s) under Sections 418, 467, 468, 406 and 120-B of IPC.
2.
Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that the allegation of creating forged patta is against the other co- accused Shamshad Hussain and the petitioner has not forged any of the documents. It is alleged against the accused-petitioner that he signed as witness in the said patta and identified the other co- accused namely Shamshad Hussain and Nasreen Fatama. The accused-petitioner is in custody since 10.03.2025, trial of the case
[2025:RJ-JP:13658] (2 of 3) [CRLMB-4234/2025] may take considerable time and the matter is exclusively triable by Magistrate, therefore, the bail application of the accused- petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the accused-petitioner in connivance with the other co-accused forged patta and also signed the patta identifying the co-accused Shamshad Hussain and Nasreen Fatama. The said patta is forged as complainant was already in possession of the disputed plot and applied for grant of patta before the concerned Authority. The concerned Authority has cancelled the patta of co-accused issued in the name of co- accused Shamshad Hussain and Nasreen Fatama. The petitioner is a person having criminal background and against him 2 other criminal cases are pending, therefore, considering the above facts, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. The main allegation of forging pattas are against the co- accused Shamshad Hussain and Nasreen Fatama, the matter is exclusively triable by Magistrate and trial of the case may take considerable time, therefore, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioner- Iqbal S/o Shri Yusuf Khan, in connection with FIR No.467/2023, registered at Police Station Udhyog Nagar (Kota City), District Kota City, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two
[2025:RJ-JP:13658] (3 of 3) [CRLMB-4234/2025] sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. 7.
7. The accused-petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accused-petitioner to the trial Court, every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-39