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2025 DAILYLAW 21785 (RAJ)

YOGESH KUMAR SAINI S/O RADHESHYAM v. STATE OF RAJASTHAN

CRLMB/7709/2025 · 2025-07-30

Pramil Kumar Mathur

body2025

Judgment text

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[2025:RJ-JP:28937] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7709/2025 Yogesh Kumar Saini S/o Radheshyam, Aged About 30 Years, R/o Sainipura, Tan Bajawa, Police Station Mandrela, Presently R/o Mohan Ka Ki Dhani Town Chirawa Police Station Chirawa, Distt. Jhujhunu (Raj.) (Presently Confined At District Jail Jhunjhunu). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) For Complainant(s) : : Mr. Jaiprakash Tiwari, PP Mr. Ravinder Kumar HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 30/07/2025 1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.0160/2025 registered at Police Station-Chirawa, District-Jhunjhunu for the offences under Sections 316(2) and 318(4) of BNS. 2. Heard learned counsel for the petitioner, learned Public Prosecutor as well as counsel for the complainant and perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. The allegation against the petitioner is that he has received Rs.4,00,80,000/- during the period from 10.12.2022 to 16.02.2025 from the complainant under the pretext to sale the Flat at Mumbai but neither the sale deed was executed in complainant’s favour nor the amount was [2025:RJ-JP:28937] (2 of 3) [CRLMB-7709/2025] returned. He further submits that this is a simple case having nature of civil litigation. Hence, the case is purely of a civil nature and at the most the complainant has the remedy available in the civil law and the same cannot be converted and colored into a criminal proceedings. Learned counsel for the petitioner in support of his contentions has relied on the judgment of the Supreme Court in the case of Shailesh Kumar Singh @ Shailesh R. Singh Vs. State of Uttar Pradesh & Ors., Criminal Appeal No.2963/2025 decided on 14.07.2025. He again submits that the petitioner is behind the Bars since 01.06.2025 and charge- sheet has been filed. The trial of the case may take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, hence the bail application of the petitioner may be allowed. 4. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail application. 5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, especially in light of the judgment cited by the counsel for the petitioner but without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. 6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioner-Yogesh Kumar Saini S/o Radheshyam shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two [2025:RJ-JP:28937] (3 of 3) [CRLMB-7709/2025] sureties of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance before that Court on all the dates till conclusion of the trial. (PRAMIL KUMAR MATHUR),J sunita/238