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2025 DAILYLAW 22234 (RAJ)

PRABHULAL S/O SH. JAGANNATH v. THE STATE OF RAJASTHAN

CRLMB/7924/2025 · 2025-07-29

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:28760] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7924/2025 Prabhulal S/o Sh. Jagannath, Aged About 42 Years, R/o Village Jojwa, P.s Bigod, District Bhilwara, Rajasthan. (At Present Confined At Central Jail Jaipur) ----Petitioner Versus The State Of Rajasthan, Through Its PP ----Respondent For Petitioner(s) : Mr. Jaswant Singh Rathore For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Kamlakar Sharma, Sr. Adv. with Ms. Alankrita Sharma Mr. Madhusudan Singh Rajpurohit HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/07/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.113/2025 registered at Police Station Chaksu, District Jaipur City (South) (Raj.) for the offences punishable under Sections 303(2), 318(4), 338, 336(3), 340(2) & 308(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that it is evident from the bank statement of the parties that there was commercial relationship between them. He submits that it has been alleged by the complainant in the complaint that a case has been presented before the Judicial Magistrate by misusing the letter head of the complainant-company. It is submitted that [2025:RJ-JP:28760] (2 of 3) [CRLMB-7924/2025] alleged offences are triable by Magistrate. Counsel submits that similar allegations have been levelled by the same complainant against one Bhagwati Lal for which an FIR No.114/2025 has been registered at Police Station Chaksu, District Jaipur City (South) and the said person has already been granted benefit of bail by Co-ordinate bench of this court. It is submitted that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Counsel contends that petitioner is in custody since 30.05.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor as well as Learned Senior Counsel appearing on behalf of the complainant vehemently opposes the submissions made by counsel for the petitioner. It is submitted that there is serious allegations against the petitioner of misusing the letter head of the complainant-company. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also the fact that alleged offences are triable by Magistrate, there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner- Prabhulal S/o Sh. Jagannath shall be released on bail provided he furnishes a personal bond in the sum [2025:RJ-JP:28760] (3 of 3) [CRLMB-7924/2025] of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observations made hereinabove are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /299