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2025 DAILYLAW 25450 (RAJ)

RAMRATAN CHOUDHARY S/O SHRI MANGURAM v. STATE OF RAJASTHAN

CRLMB/9408/2025 · 2025-08-11

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:31206] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9408/2025 Ramratan Choudhary S/o Shri Manguram, Aged About 62 Years, R/o Jato Ka Mohalla, Sirohikalan, Police Station Narena, District Jaipur. (At Present In Sub Jail Sambhar Lake, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ved Prakash Sogarwal For Respondent(s) : Mr. Ram Kumar Sharma 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 Ramratan Choudhary S/o Shri Manguram, in FIR No. 021/2025 dated 29.01.2025 registered at P.S. Narena, District Jaipur (Rural) whereby the applicant-accused has charged under Sections 316(4), 318(4), 319(2), 338, 336(3), 340(2) of BNS and Section 66 of IT (Amended) Act. 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 and he is a victim of political vendetta. Further, he submits that the investigation relating to present applicant-accused is [2025:RJ-JP:31206] (2 of 4) [CRLMB-9408/2025] complete and no more required by the Investigating Agency for investigation. He further 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 further submitted that due to unsuccessful attempt to remove present petitioner from the post of Secretary of the Co-operative Society, the Chairman has registered a criminal case without any basis. He further submitted that not a single member of co-operative society has lodged a complaint or raised any objection about non- transfer of fund or benefit to him. He further submitted that this petitioner has also filed a writ petition no. 9114/2025 before this Hon’ble Court regarding malafides of Chairman of the society wherein he was forced to remove from the post of Secretary by the Chairman. He further submitted that petitioner has initially obtained stay order from the tribunal but after dismissal of the same he has moved before the Minister and now a writ petition is pending before this Hon’ble Court. He further submitted that this petitioner is working as Secretary for last 10 years and no complaint whatsoever has been made against him by any of the member. 5. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned counsel for complainant has submitted that present [2025:RJ-JP:31206] (3 of 4) [CRLMB-9408/2025] petitioner has committed breach of trust and he has manipulated record to siphon off the money. 6. Heard learned counsel for the parties, learned Public Prosecutor. Perused the material placed on record. 7. On the basis of criminal complaint filed by complainant Ramswaroop Choudhary as Chairman, Sirohi Kala Dugdh Udhpadan Sahkari Samiti, Sirohi Kala, P.S. Narena, District Jaipur about cheating and breach of trust by Secretary, Ram Ratan Choudhary (present petitioner) and same was sent for registration as FIR no. 21/2025 P.S. Narena under Sections 175(3) of BNSS. After investigation, this petitioner accused is arrested by police on 07.07.2025 and presently this petitioner accused is in custody. 8. A writ petition no. 9114/2025 is filed by present petitioner Ram Ratan Choudhary arraying Ramswaroop Choudhary as respondent no.3 and same is pending before this Court. The investigation is still in progress. 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 applicants-accused Ramratan Choudhary S/o Shri Manguram, is hereby allowed and ordered to be released [2025:RJ-JP:31206] (4 of 4) [CRLMB-9408/2025] 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. (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 CHETNA BEHRANI /266