[2025:RJ-JP:30506] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6554/2025 Amit Kumar Srivastav S/o Late Kamlesh Kumar Shrivastv, R/o Plot No.48, Kali Kothi, Near Darbar School Niwaru Road, Jhotwada Police Station Jhotwada, District Jaipur. Presently Residing At Plot No.21 Ganesh Nagar 15 Mansharampura, Niwaru Road, Thana Kardhani, Jaipur. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abdul Basit Naqvi, Adv. For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/08/2025 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.093/2025, registered at Police Station Jhotwada, District Jaipur (West), for the offence(s) under Sections 420, 406, 423, 426, 467 and 468 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 petitioner is not the party to the agreement allegedly executed between the co-accused D.B. Parihar and the complainant. It is further contended that the petitioner was only the witness to the document and part consideration amount was [2025:RJ-JP:30506] (2 of 3) [CRLMB-6554/2025] received by the other co-accused i.e. D.B. Parihar. The petitioner is not the owner of the said plot, the owner of the plot i.e., D.B. Parihar instead of filing the suit for specific performance filed the instant FIR against the petitioner. The accused-petitioner is in custody since long and the charge-sheet has already been submitted before the concerned trial Court and the matter is exclusively triable by Magistrate, therefore, the bail application of the petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the petitioner has received an amount of Rs.3,50,000/- from the complainant. It is also contended that the petitioner is a habitual offender and against him 4 cases under various provisions of IPC have been instituted, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. Considering the arguments advanced by learned counsel for the petitioner and taking into consideration that the matter is exclusively triable by Magistrate, the accused-petitioner is in custody since long and the trial of the case may take considerable time, therefore, this Court deems it 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- Amit Kumar Srivastav S/o Late Kamlesh Kumar Shrivastv, in connection with FIR No.093/2025, registered at Police Station Jhotwada, District Jaipur (West), shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- [2025:RJ-JP:30506] (3 of 3) [CRLMB-6554/2025] with two 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. The accused-petitioner is also directed to mark his presence on 25th of every month before the concerned Police Station till conclusion of the trial. The SHO of the concerned Police Station is directed to maintain a regular register marking the presence of the accused petitioner and shall send the presence report of the accused petitioner to the concerned trial Court every month without any delay. 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 /-90