SURESH DHAKARWAL S/O SHRI BHAGIRATH v. STATE OF RAJASTHAN
CRLMB/7101/2025 · 2025-08-28
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20656 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20656 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:34608] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7101/2025 Suresh Dhakarwal S/o Shri Bhagirath, Aged About 27 Years, R/o Village Depur, Post Rajliya, Tehsil Nawan, P.s. Maroth, District Didwana Kumawat, Rajasthan. (Presently Accused Petitioner Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Deepak Chauhan Mr. Ashok Choudhary For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Prashant Kumar Dubey HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 28/08/2025
1. Instant application for bail is filed under Section 483 of BNSS by the applicant-accused Suresh Dhakarwal S/o Shri Bhagirath in FIR No. 199/2025 dated 11.05.2025 registered at P.S. Bagru District -Jaipur (West), whereby the applicant- accused was charged under Sections 318(4), 316(2) and 61(2) of BNS.
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 the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by
[2025:RJ-JP:34608] (2 of 4) [CRLMB-7101/2025] the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required the applicant-accused will be available. He also submits that the trial will take its own time and no purpose will be served by keeping the applicant-accused in custody.
4.
Learned counsel for petitioner submitted that complainant has registered a complaint for entrustment of money for investment to petitioner and during transaction with complainant and others, some money was returned by present petitioner. He further submitted that the act of present petitioner is bonafide and he invested the money in another project where he was also cheated and FIR No.59/2023 dated 16.01.2023 was registered at PS Kardhani, Jaipur West. He also submitted that essential ingredient of cheating and criminal breach of trust were not made out from the evidence on record rather it is a case of financial transaction between the parties. He further referred the material collected by police and submitted that charge- sheet has been filed and there is no criminal antecedent against the petitioner. 5. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned counsel for complainant has referred statement of Rajesh, Madan Lal, Hardevaram and Amit and Ors. And submitted that it is a case of systematic cheating by a multilevel marketing company. He further submitted that petitioner accused has cheated several lacs of rupees from several comaplainants. [2025:RJ-JP:34608] (3 of 4) [CRLMB-7101/2025]
6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. 7. On the basis of complaint lodged by Manhori Devi about cheating of ₹1.2 lacs and further ₹25 lacs from others a report is registered and matter is investigated. During investigation, the petitioner was arrested and after investigation, charge-sheet has been filed against him. The petitioner is in custody since 12.05.2025. A copy of FIR No. 59/2023 dated 16.01.2023 registered at P.S. Kardhani, Jaipur is also placed on record by present petitioner against two persons Suresh and Pramod. There is no criminal antecedent against the petitioner. 8. 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. 9.
Thus, the instant bail application filed on behalf of applicant- accused Suresh Dhakarwal S/o Shri Bhagirath is hereby allowed and the applicant-accused is 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. [2025:RJ-JP:34608] (4 of 4) [CRLMB-7101/2025] (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. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /63