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2025 DAILYLAW 13859 (RAJ)

KEDAR NATH GUPTA S/O SHRI SHYAM LAL GUPTA v. THE STATE OF RAJASTHAN

CRLMB/4473/2025 · 2025-04-02

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:14853] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4473/2025 Kedar Nath Gupta S/o Shri Shyam Lal Gupta, Aged About 70 Years, R/o Ranjeet Nagar, Bharatpur Thana Kotwali, Bharatpur District Bharatpur (Raj.) (At Presently Confined In District Jail Bharatpur). ----Accused-Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pawan Kumar Verma, Adv. For Respondent(s) : Ms. Arti Sharma, PP and Mr. Vishnu Kumar Sharma, Adv., on behalf of Mr. Nikhlesh Katara, Adv., for complainant. 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.19/2022 registered at Police Station Mathuragate, District Bharatpur (Raj.) for the offences punishable under Sections 420, 467, 468, 471 and 120B of IPC. Later on, Police filed charge-sheet in this matter. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged offences are triable by Magistrate. He further submits that in first round of investigation, negative final report was proposed by the Investigating Agency but matter was again sent to the Investigating Agency by the [2025:RJ-JP:14853] (2 of 3) [CRLMB-4473/2025] Magistrate for further investigation and under the garb of further investigation, petitioner has been arrested. He argues that civil suit is already going on between the parties with regard to the property in question wherein an interim order has also been passed. He further argues that there are no criminal antecedents against the petitioner and trial of the case will take considerable time in its conclusion. He contends that the petitioner, who is aged about 70 years, is in custody since his date of arrest 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 learned counsel for the petitioner. It is submitted that according to the FSL report, signature of Mahendra Singh who executed the agreement to sell in favour of the petitioner has been found forged. 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 material made available on record in the form of charge-sheet, especially the fact that civil suit is already going on between the parties with regard to the property in question; absence of criminal antecedents 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 proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed [2025:RJ-JP:14853] (3 of 3) [CRLMB-4473/2025] that accused-petitioner- Kedar Nath Gupta S/o Shri Shyam Lal Gupta, 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/- (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. (ANIL KUMAR UPMAN),J MADAN/297