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2025 DAILYLAW 2566 (RAJ)

MANOJ SINGH RATHORE S/O VIDHYARAM SINGH v. STATE OF RAJASTHAN

CRLMB/241/2025 · 2025-02-14

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:6651] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 241/2025 Manoj Singh Rathore S/o Vidhyaram Singh, Aged About 48 Years, R/o 47, Vijay Nagar, Kudi Bhagtasari Basani, P.s. Bhagat Ki Kothi, Districtjodhpur. (At Present In Sub Jail Sambharlek, District Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. N.K. Tiwari For Respondent(s) : Mr. N.S. Dhakad, P.P. Ms. Arti Sharma, P.P. Mr. Pushpendra Kumar Pandey HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 14/02/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of the petitioner, who has been arrested in connection with F.I.R. No.230/2024, registered at Police Station Moujamabad, District Jaipur Rural, for the offence(s) punishable under Section(s) 420 & 406 of I.P.C. 2. It is contended by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. Learned counsel further submits that the alleged offence(s) are triable by a Court of Magistrate. It is further submitted by learned counsel that an agreement was executed between the petitioner & the complainant with regard to installation of solar energy plant wherein most of the work has already been completed by the [2025:RJ-JP:6651] (2 of 3) [CRLMB-241/2025] petitioner but this F.I.R. has been registered by the complainant with a malafide intention. In pursuant to the aforesaid F.I.R., the petitioner was arrested by the Investigating Agency due to which rest of the work could not be completed. Charge-sheet has been filed in the matter. The petitioner is in judicial custody since his date of arrest i.e. 19.12.2024. Trial of the case will take considerable time to conclude, till then, keeping the petitioner behind the bars would serve no fruitful purpose. 3. Learned Public Prosecutor and learned counsel for the complainant have opposed the submissions made by the learned counsel for the petitioners. 4. I have considered the contentions. 5. Having regard to the totality of the facts & circumstances of the case; the case is triable by a Court of Magistrate; considering the arguments advanced by learned counsel for the petitioner; trial will take time in its conclusion as well as looking to the custody period of the petitioner and nature of dispute between the parties, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application filed on behalf of the petitioner. 6. The instant bail application is accordingly allowed and it is directed that accused-petitioner – Manoj Singh Rathore S/o Vidhyaram Singh, shall be released on bail provided, he furnishes a personal bond in the sum 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 [2025:RJ-JP:6651] (3 of 3) [CRLMB-241/2025] shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when he is called upon to do so. 7. The observation(s) made herein-above is 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 SAHIL SONI /412