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2025 DAILYLAW 25340 (RAJ)

RAMKISHOR GUPTA S/O RAMGOPAL GUPTA v. STATE OF RAJASTHAN

CRLMB/9386/2025 · 2025-08-11

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:31521] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9386/2025 Ramkishor Gupta S/o Ramgopal Gupta, Aged About 85 Years, R/o House No. 213, Mishra Rajaji Ka Rasta, Chandpole Bazar, Police Station Kotwali Jaipur ( Presently Confined In Cenral Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Virendra Singh For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Ramkishor Gupta S/o Ramgopal Gupta in FIR No. 195/2020 dated 20.08.2020 registered at P.S. Adarsh Nagar, Jaipur City East, whereby the applicant-accused was charged under Sections 420, 406 and 120B IPC. 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 the Investigating Agency for investigation. He further [2025:RJ-JP:31521] (2 of 4) [CRLMB-9386/2025] assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation/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 age of present petitioner is senior citizen and he has no connection with the alleged transaction by Suresh Gupta and wife Asha Gupta. He further submitted that main kingpin is Suresh Gupta, who is absconding and he is not in contact with present petitioner as well. He also submitted that police has filed charge-sheet. He further submitted that one more case is registered against the petitioner and offence is triable by Magistrate. At last, he submitted that the age of petitioner is 85 years and he is infirm and ill person. 5. Aforesaid contentions were opposed by learned Public Prosecutor. He has submitted report received from concerned police station and same is taken on record. 6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record. 7. On the basis of complaint dated 20.08.2020 by complainant Shiv Shankar against Suresh Gupta, Asha Gupta, Ram Kishor and Makhanlal about cheating and criminal breach of trust, FIR No. 195/2020 was registered and during investigation, police has found that Suresh Gupta, Asha Gupta, Ramkishor have absconded and after declaring them as absconder filed a charge-sheet under Section 299 of Cr.P.C. Present accused is in custody since 29.04.2025 and as per contentions, his [2025:RJ-JP:31521] (3 of 4) [CRLMB-9386/2025] age is 85 years old and he is infirm person. One more criminal case is registered against the petitioner under Sections 420 and 406 IPC at P.S. Vidhayakpuri Jaipur (South). 8. We have considered the totality of facts and circumstances of the case particularly that this petitioner is 85 years old person and he is in custody for quite some time and alleged offence is triable by Magistrate. 9. 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. 10. Thus, the instant bail application filed on behalf of applicant- accused Ramkishor Gupta S/o Ramgopal Gupta, 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. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. [2025:RJ-JP:31521] (4 of 4) [CRLMB-9386/2025] (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. 11. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /261