NITIN SHARMA S/O SHRI GOPAL SHARMA v. STATE OF RAJASTHAN
CRLMB/7014/2025 · 2025-08-05
Praveer Bhatnagar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20411 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20411 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:29890] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.7014/2025 Nitin Sharma S/o Shri Gopal Sharma, Aged About 39 Years, R/o A-564, Gali No.12, Mandoli Vistar, Police Thana Harsh Vihar, Delhi. (Petitioner Presently Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Neeraj Sharma, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 05/08/2025
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.422/2021, registered at Police Station Shyam Nagar, District Jaipur (South), for the offence(s) under Sections 420, 406 and 120-B of IPC.
2.
Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. The charge- sheet against the accused petitioner has already been filed and the matter is exclusively triable by Magistrate and apart from the one criminal case there is no other criminal case pending against the present petitioner. The accused-petitioner is in custody since long and the trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. [2025:RJ-JP:29890] (2 of 3) [CRLMB-7014/2025]
3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the petitioner in connivance with Shanti Devi @ Kamlesh and the other co-accused has forged the sale deed and impersonated himself as Pankaj Sharma and thereafter sold the property of Smt. Shanti Sharma to Girraj Sharma. It is also contended that after investigation it was found that the petitioner signed the registered sale deed representing himself as Pankaj Sharma. The investigation also revealed that the petitioner received cash amount from Girraj Sharma and also received several cheques and in this regard Case No.5/2014 in Cyber crime, Jaipur Police Station, is pending against the petitioner, therefore, considering the gravity of the offence, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case. Considering the fact that the charge-sheet against the petitioner has already been submitted and the other co-accused namely- Kamlesh, Shakuntla, Ashish Garg, Surendra and Rajesh Kumar Mishra who were conspirator in the alleged crime have not yet been charge-sheeted. Though the charge-sheet against the petitioner have been produced, however, considering the period of incarceration of the petitioner and the fact that the matter is exclusively triable by Magistrate and trial of the case may take considerable time, I deem it just and 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- Nitin Sharma S/o Shri Gopal Sharma, in connection with FIR
[2025:RJ-JP:29890] (3 of 3) [CRLMB-7014/2025] No.422/2021, registered at Police Station Shyam Nagar, District Jaipur (South), shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- 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 till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accused-petitioner to the trial Court, every month. 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 /-51