[2025:RJ-JP:37924] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9875/2025 1. Radheshyam Soni S/o Shri Lakshmichand Soni, Aged About 44 Years, R/o Tejaji Chowk, Rupangarh, Police Station Rupangarh District Ajmer, At Present In Central Jail, Ajmer. 2. Ghanshyam Soni S/o Lakshmichand Soni, Aged About 40 Years, R/o Tejaji Chowk, Rupangarh, Police Station Rupangarh District Ajmer, At Present In Central Jail, Ajmer. ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Aman Pareek For Respondent(s) For Complainant(s) : : Mr. Shree Ram Dhakar, PP, Mr. Satya Pal Poshwal through V.C. Ms. Bhanwari Kumari, Ms. Abhilasha Choudhary HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 17/09/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.216/2024 registered at Police Station Rupangarh, District Ajmer for the offence(s) under Sections 467, 468, 471 and 120-B of IPC. 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. He further submits that the complainant Saroj was well aware about the disputed document. The so-called partition deed executed in [2025:RJ-JP:37924] (2 of 4) [CRLMB-9875/2025] the year 2008, the same document was submitted before the learned Trial Court, when complainant filed a petition under Domestic Violence Act, the Trial Court vide order dated 15.12.2016 referring the said document, granted maintenance to the complainant. It is also contended that the witnesses namely Rameshwarlal and Bhanwarlal in their statement rendered under Section 161 of Cr.P.C., have categorically stated that the said document was signed by deceased Nand Kishore. It is also contended that deceased Nand Kishore is the real brother of the petitioner No.1 Radheshyam Soni. The said plot for which partition deed was executed, was purchased in the name of deceased Nand Kishore, however, joint loan was taken by the petitioner No.2 Ghanshyam Soni with the deceased Nand Kishore. It is also contended that Nand Kishore died in the year 2009, the loan amount was paid till the year 2015, by the Ghanshyam Soni. It is also contended that the said property belongs to HUF and not the self acquired property of the deceased. It is also contended that admitted thumb impressions of deceased Nand Kishore were not sent for forensic analysis. The forensic analysis report rests upon the deposit slips signed by the deceased. It is also contended that during investigation, some material was sent to FSL for matching the signatures of the deceased, however, the FSL report remained inconclusive. It is also contended that even if it is presumed that the signatures did not match then also, only on the basis of the FSL report, the Court cannot conclusively held that the signatures were forged. [2025:RJ-JP:37924] (3 of 4) [CRLMB-9875/2025] 3. Learned counsel for the petitioners has placed reliance upon the judgments passed by the Hon'ble Apex Court in Krishna Damani Vs. State of West Bengal in criminal appeal No.2743/2024, dated 27.05.2024, Javed Gulam Nabi Shaikh Vs. State of Maharashtra and Another in criminal appeal No.2787/2024 dated 03.07.2024 and Satender Kumar Antil Vs. CBI & Anr. (2022) 10, SCC 51, wherein it is held that bail is rule and Jail is exception. 4. It is also contended that the partition deed dated 08.12.2008 bears the signatures of Bhairulal and Ramchandra Sharma, however, they died before filing of the FIR and notary was also examined who has clearly stated that the deceased purchased the stamp on which the said partition deed was scribed. It is further contended that the offences alleged against the petitioners are exclusively triable by Magistrate. The accused-petitioners are in custody since 02.06.2025 and charge-sheet has already been submitted and the trial of the case may take considerable time, therefore, the bail application of the accused-petitioners may be allowed. 5. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application and contended that the accused-petitioners along with the other co- accused, forged the partition deed dated 08.12.2008. The police after investigation find commission of offence against the petitioners. In the statement rendered under Section 180 of BNSS, witnesses Bhanwarlal and Mahaveer have clearly stated that the signatures of witnesses Bhairulal and Ramchandra [2025:RJ-JP:37924] (4 of 4) [CRLMB-9875/2025] Sharma are forged. It is also contended that the investigation prima-facie reveals that the petitioners along with the other co- accused forged the document and created their ownership in the disputed property, therefore, considering the above facts, the bail application of the accused-petitioners may be dismissed. 4. Heard and perused the material available on record. 5. After considering the material placed on record and after going through the contents of the charge-sheet, so also that the matter is exclusively triable by Magistrate and the petitioners are in custody since 02.06.2025 and trial of the case may take considerable time, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioners namely: 1. Radheshyam Soni S/o Shri Lakshmichand Soni and 2. Ghanshyam Soni S/o Lakshmichand Soni, in connection with FIR No.216/2024 registered at Police Station Rupangarh, District Ajmer, shall be enlarged on bail provided both of them furnish 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 Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Keshav/22