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2025 DAILYLAW 19850 (RAJ)

SIRAJ S/O SHRI CHITTAR KHAN v. STATE OF RAJASTHAN

CRLMB/6797/2025 · 2025-08-13

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:32019] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6797/2025 Siraj S/o Shri Chittar Khan, Aged About 35 Years, R/o Balaji Nagar, Near Ceremony School, At Present J.c. Nagar, Behind Vrindavan School, Makarwali Road, Police Station Christian Ganj, Ajmer (At Present Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ashish Kishore Saksena For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Satyendra Singh Raghav HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/08/2025 1. Instant application for bail filed under Section 483 of BNSS by the applicant-accused Siraj S/o Shri Chittar Khan in FIR No. 16/2022 dated 10.01.2022 registered at P.S. Civil Lines, District - Ajmer, whereby the applicant-accused was charged under Sections 420 of IPC. 2. The applicant was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for petitioner submitted that the dispute pertains to plot no.43 and a civil suit is pending before the civil court about the dispute relating to said plot no. 43. He further submitted that a similar patta is also issued about plot no. 45 and plot no. 45 is used and enjoyed by patta holder. Learned counsel further submitted that the petitioner [2025:RJ-JP:32019] (2 of 3) [CRLMB-6797/2025] has acquired and purchased plot no.43 in same manner and from same heirs from whom holder of patta of plot number 45 has acquired. He submits that petitioner is bona fide purchaser and his role and involvement is not proved from any of evidence. He further referred sequence of events and also succession of predecessor in title and submitted that this petitioner has procured patta on the basis of document executed by predecessor in title in his favour. He further submitted that though he is not in possession of land but still his claim is there and dispute is bona fide. At last, he submitted that after investigation police has filed charge- sheet and the petitioner accused is in custody since 07.05.2025 and the trial will take time. 4. Aforesaid contentions were opposed by learned public prosecutor and learned counsel for complainant. Learned counsel for complainant has submitted that plot no. 43 is originally allotted to Padam Chand Shancheti and by agreement to sale and further transfer documents said plot is purchased by him on 17.01.1997 and since then he had made development on the plot. He further submitted that the forged documents were prepared to grab plot by petitioner accused in connivance with other persons. 5. Heard learned counsel for parties and learned public prosecutor. Perused the material available on record. 6. On the basis of complaint on 10.01.2022 police has investigated the matter and found that the right entitlement of plot no. 43 is of complainant but with connivance of Shahrukh Khan and Lalit Bhatnagar (since dead) and others [2025:RJ-JP:32019] (3 of 3) [CRLMB-6797/2025] with present petitioner accused Siraj Khan forged documents were prepared. After investigation police has filed a charge- sheet against Siraj Khan, Shahrukh Khan and Sarwar Khan and present petitioner is in custody since his arrest. 7. Having considered the totality of facts and circumstances of the case, particularly preparation of forged documents and involvement of present petitioner as beneficiary, I am of the considered view that this is not a fit case to enlarge petitioner accused on bail 8. Hence, the instant bail application preferred by petitioner accused Siraj S/o Shri Chittar Khan,mnk is hereby dismissed. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /255