AJAY SINGH S/O LATE SHRI MALARAM v. STATE OF RAJASTHAN
CRLMB/4691/2025 · 2025-05-13
Ashutosh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14138 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14138 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:20016] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4691/2025 Ajay Singh S/o Late Shri Malaram, Aged About 57 Years, R/o 65, Gayatri Nagar-A, Maharani Farm, Durgapura, P.S. Shipra Path, Jaipur (Rajasthan) (Accused Confined In Central Jail, Jaipur). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Ram Manohar Sharma, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA Mr. Abhinav Sharma, Adv. through VC with Mr. Rahul Sharma, Adv. & Mr. Akshay Verma, Adv. for complainant HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 13/05/2025
1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the
order dated 25.03.2025 passed by learned Additional Sessions Judge No.10, Jaipur Metropolitan-First in connection with FIR No.531/2024, registered at Police Station Muhana, District Jaipur City (South) for the offences punishable under Sections 420, & 406 of IPC, 1860, by which the bail application of the accused- applicant under Section 483 of the B.N.S.S, 2023 has been dismissed.
2.
Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this matter.
[2025:RJ-JP:20016] (2 of 4) [CRLMB-4691/2025]
Learned counsel argues that the accused-applicant is said to be Co-Director of Bony Buildtech Private Limited along with his wife- Smt. Vimla and the allegation as per the FIR is that the accused- applicant executed an agreement to sell a flat in favour of the complainant, however, subsequently the same flat was agreed to be sold to someone else. Learned counsel also argues that nature of dispute is of civil nature. Learned counsel contends that the charge-sheet has been filed against the accused-applicant for the offences punishable under Sections 420, 409 and 120-B of IPC.
Learned counsel also contends that the accused-applicant was arrested on 12.07.2024 and since then, he is behind the bars.
Learned counsel also submits that the charges levelled against the accused-applicant are triable by Judicial Magistrate First Class and trial will take long time to conclude. Learned counsel further submits that co-accused-Vimla has been enlarged on bail by Co- Ordinate Bench of this Court vide order dated 03.01.2025 (S.B. Criminal Miscellaneous Bail Application No.10284/2024). It is submitted that the case of present accused-applicant is not distinguishable from the co-accused-Vimla, who has already been enlarged on bail. Learned counsel further submits that in some other matter of like nature (FIR No.871/2022 and FIR No.896/2022), the accused-applicant has been giving benefit of bail under Section 483 of BNSS by learned Additional District & Sessions Judge No.03, Jaipur Metropolitan-First vide orders dated 18.03.2025 passed in Bail Application Nos. 14/2025 and 15/2025 respectively. The copies of the orders have been submitted and made part of the record.
[2025:RJ-JP:20016] (3 of 4) [CRLMB-4691/2025]
3. On the other hand, learned Public Prosecutor along with
learned counsel for the complainant vehemently oppose the bail application.
4.
Learned counsel for the complainant submits that the charges against the accused-applicant are serious in nature.
Learned counsel argues that the accused-applicant cheated the vulnerable persons, by deceitful means and has received their hard earned money for purchase of the flat. Learned counsel also argues that fifteen other cases of similar nature are also pending against the accused-applicant, therefore, the accused-applicant should not be enlarged on bail.
5. Heard learned counsel for the parties and also perused the material available on record.
6. Having regard to the facts and circumstances of the case; considering the facts that charges levelled against the accused- applicant are triable by Judicial Magistrate First Class; that the trial will take long time to conclude; that the accused-applicant is behind the bars since 12.07.2024; that in other similar matters the accused-applicant has been enlarged on bail by learned Sessions Judge, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant.
7. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Ajay Singh S/o Late Shri Malaram, arrested in FIR No.531/2024, registered at Police Station Muhana, District Jaipur City (South) shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent
[2025:RJ-JP:20016] (4 of 4) [CRLMB-4691/2025] attested sureties of Rs.50,000/- each to the satisfaction of the learned trial Court.
8. The Accused-Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
(ASHUTOSH KUMAR),J Mohita /122