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2025 DAILYLAW 17728 (RAJ)

ROHIT KUMAR S/O LT. SHRI MADAN MOHAN SHARMA v. STATE OF RAJASTHAN

CRLMB/5879/2025 · 2025-09-10

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:36822] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5879/2025 Rohit Kumar S/o Lt. Shri Madan Mohan Sharma, Aged About 38 Years, R/o Chhayada, Police Station Nangal Rajawatan, District Dausa At Present R/o As Tenant 43/36/12 Varun Path Mansarovar, Jaipur, Police Station Mansarovar, District Jaipur South. (Present Confined In Centre Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 10/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Rohit Kumar S/o Lt. Shri Madan Mohan Sharma seeking bail in respect of a criminal case registered as FIR No.25/2025 dated 15.02.2025 registered at P.S. Jaipur Airport, District – Jaipur Metropolitan East, for the offence under Sections 419, 420, 406, 384, 120-B of IPC. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not [2025:RJ-JP:36822] (2 of 4) [CRLMB-5879/2025] have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submits that for financial transaction of May, 2022 a report is registered on 15.02.2025 by complainant. He further submitted that instead of filing a case under Section 138 of NI Act present case has been filed to recover money of cheque which was dishonoured after presentation to bank. He further submitted that after investigation police has already filed a charge-sheet against the petitioner accused and the allegation require corroboration during evidence. He further submitted that petitioner accused is in custody since 15.04.2025. He further referred bail order in FIR no. 120/2019 P.S. Adarsh Nagar passed by learned Sessions Judge, Jaipur on 01.04.2019 and submitted that present petitioner accused was released on bail. He also referred bail order dated 21.07.2022 passed by a Co-ordinate Bench in FIR no. 271/2022 and submitted that again same was a financial transaction. He further referred FIR no. 315/2025 registered at P.S. Mansarovar and submitted that it was registered after a delay. He further submitted that besides this three cases FIR no. 157/2021 was registered by wife who is now residing with present petitioner and this case is disposed of. He submitted that initially FIR is registered against petitioner accused and his wife but charge-sheet is filed against the petitioner accused only. [2025:RJ-JP:36822] (3 of 4) [CRLMB-5879/2025] 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. She has also filed a report received from concerned Police Station. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of complaint made by complainant Kumar Pal Singh before learned Additional Chief Judicial Magistrate no.18, Jaipur Metropolitan-I against petitioner accused and his wife for cheating and breach of trust a case is registered and after investigation a charge-sheet has been filed against petitioner accused after his arrest on 15.04.2025. Four criminal cases were registered against the petitioner accused and out of which details of three were provided by petitioner accused and fourth one FIR no. 157/2021 under Section 498-A and 406 was registered at P.S. Mahila Thana, District Dausa. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused 8. Thus, the instant bail application filed on behalf of applicants-accused Rohit Kumar S/o Lt. Shri Madan [2025:RJ-JP:36822] (4 of 4) [CRLMB-5879/2025] Mohan Sharma, is hereby allowed and ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /133