[2025:RJ-JP:16606] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 57/2025 Bhagwan Sain S/o Shivdan, R/o Village Nimola, Police Station Mehandwas, District Tonk At Present Tenant At Mahesh Jain Ka Makan, Shabil Shah Ki Chauki, Police Thane Ke Samne, Jain Nasiya Ke Pass, Police Station Kotwali, Tonk. (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 4029/2025 Smt. Rinku Sain W/o Bhagwan Sain, Aged About 40 Years, R/o Village Nimola, P.s Mehandwas, District Tonk, At Present Tenant At The House Of Mahesh Jain, Sub Hill, Shah Ki Choaki, In Front Of Police Station, Near Jain Nasiya, P.s. Kotwali, Tonk Raj. At Present Confined In Central Jail Jaipur. ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sandeep Jain Mr. Manish Sharma For Respondent(s) For State : : Mr. Sandeep Bansiwal through VC with Mr. Shubham Garg Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 21/04/2025 1. The petitioners have preferred these bail applications under Section 483 of BNSS in FIR No.278/2023 registered at Police Station-Sodala, District-Jaipur City (South) for the offences under [2025:RJ-JP:16606] (2 of 3) [CRLMB-57/2025] Sections 420, 406, 467, 468, 471 and 120B IPC. Since both the bail applications have arisen from common order, hence, they are being decided by this single order. 2. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record. 3. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in these cases and the offences are triable by the Magistrate. Petitioners are behind the bars since 11.12.2024. He further submits that the matter is of civil nature. He further submits that the accused-petitioners have taken loan from Baid Leasing and Finance Company Limited to the tune of Rs.8,00,000/-. Since 2015 to 2019 they have regularly paid the instalment. They have taken the top up loan on the same property from the Aavas Financiers Ltd. that property has been auctioned by the DRT and the loan taken by the Aavas Financiers Ltd. has been fully satisfied. Charge-sheet has been filed and despite civil nature of the dispute, police has turned the matter of civil nature into criminal litigation. 4. Learned Public Prosecutor has 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 and without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners. [2025:RJ-JP:16606] (3 of 3) [CRLMB-57/2025] 6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioners-Bhagwan Sain S/o Shivdan and Smt. Rinku Sain W/o Bhagwan Sain shall be released on bail on their furnishing 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 court for their appearance before that Court on all the dates till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Arun/47-48