[2025:RJ-JP:18107] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4841/2025 Rajulal Saini S/o Shri Bhanwar Lal Saini, Aged About 55 Years, R/o Plot No. 16, Priya Vihar, Niwaru Link Road, Govindpura, Jhotwara, Jaipur. (Presently Lodged In Central Jail At Jaipur). ----Accused-Applicant Versus The State of Rajasthan through Public Prosecutor ----Respondent For Applicant(s) : Mr. Ramit Pareek, Adv. with Mr. Pankaj K. Sharma, Adv. For Respondent(s) : Mr. Vivek Sharma, Add.GA Mr. Jeetendra Mitruka, Adv. for com- plainant HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 29/04/2025 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 26.03.2025 passed by learned Additional District and Sessions Judge No.4, Jaipur Metropolitan-II, Jaipur in connection with FIR No.373/2024, registered at Police Station Jhotwara, District Jaipur (West) for the offence punishable under Section 447 of IPC, 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. Learned counsel argues that initially a case under Section 447 of IPC was registered against the accused-applicant, however, later on offences under Sections 420, 467, 468, 471 read with 120-B of IPC were also added and the accused-applicant was arrested on 08.03.2025 and since then, he is behind the bars. Learned counsel also argues that [2025:RJ-JP:18107] (2 of 3) [CRLMB-4841/2025] dispute in this case is with regard to plots No.7, 8, 11 and 12 situated at Vijay Singh Pathik Nagar, Kalwar Road, Jhotwara. Learned counsel for the accused-applicant contends that for the same land a dispute between accused-applicant and the complainant- Sanjay Kumar is pending since long. Learned counsel further contends that for the same land proceedings under Section 145 Cr.P.C. were also initiated by Additional District Magistrate, Jaipur City, Jaipur on the application by SHO, Police Station Jhotwara in the year 2006 on the basis of complaint filed by the complainant-Sanjay Kumar against Ramchandra Verma, Laxman Singh, Hanuman Singh and Sukhveer Singh. Learned counsel further contends that the accused-applicant has filed a civil suit before the Court of Civil Judge (West) Jaipur Metropolitan-II in the year 2023 against the complainant of present FIR and some other persons, which is still pending in the competent Court. Learned counsel further submits that a civil dispute has been given a colour of criminal case, which is not permissible in law. Learned counsel prays that investigation and trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail. 3. On the other other hand, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant vehemently oppose the bail application and submit that the allegation against the present accused-applicant is that the accused-applicant has illegally taken possession of the disputed land and has tried to create his right after forging certain documents. Learned counsel further submits that investigation is pending and charge-sheet has not been filed. He further submits that though, the accused-applicant has filed a civil suit but no relief has been granted in his favour, therefore, looking to [2025:RJ-JP:18107] (3 of 3) [CRLMB-4841/2025] the seriousness of the offence bail application of the accused- ap- plicant should be dismissed. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the facts and circumstances of the case and considering the fact that it is undisputed fact of the case that certain litigations are pending between the accused-applicant and the complainant for the same land dispute. A proceeding under Section 145 of Cr.P.C. was also initiated regarding the disputed land. It is also not disputed that initially an FIR was lodged for the offence punishable under Section 447 of IPC and later on during investigation offences under Sections 420, 407, 468, 471 read with 120-B of IPC were added. Considering the fact that the accused-applicant was arrested on 08.03.2025 and the fact that investigation and trial will take long time to conclude, 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. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Rajulal Saini S/o Shri Bhanwar Lal Saini, arrested in FIR No. 373/2024, registered at Police Station Jhotwara, District Jaipur (West) shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. The Accused-Appli- cant 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 /241