MOHAN LAL GUPTA S/O SHRI RAMKUNWAR GUPTA v. STATE OF RAJASTHAN
CRLMB/10186/2025 · 2025-09-15
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27398 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27398 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:37272] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 9692/2025 Santosh Shankar Rav Patil S/o Shri Shankarlal Tataya Sahib Patil, Aged About 53 Years, R/o Mahanideshak Sahakarita Mishan, Address Nhq Icom Plot Number 110, Pocket 27, Sector 24, Rohini, New Delhi, At Present Resident Of C-201, Amit Bloom Ambe Gawn, Near Nawle Bridge, Pune, Police Station Bharti Vidhyapeeth Katraj, District Pune Maharashtra. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10186/2025 Mohan Lal Gupta S/o Shri Ramkunwar Gupta, Aged About 65 Years, R/o Senior Vice President, Bhartiya Sahkarita Mission, 18, A-17, Phalodi Enterprises, S.b.i. Bank, Mahaveer Nagar, Kota And Plot No. 202, Shri Krishna Tower, Kota (Accused Applicant Lodged In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Manish Kumar Mr. Anant Priya Jain For Respondent(s) : Ms. Arti Sharma, PP Mr. Harshad Bhai Choudhary Mr. Laxmi Narayna Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 15/09/2025
1. The present bail applications under Section 483 of the BNSS have been filed by two accused persons, Santosh Shankar Rav
[2025:RJ-JP:37272] (2 of 4) [CRLMB-9692/2025] Patil S/o Shri Shankarlal Tataya Sahib Patil and Mohan Lal Gupta S/o Shri Ramkunwar Gupta, seeking regular bail in connection with FIR No. 385/2022 dated 02.08.2022, registered at Police Station Vaishali Nagar (West), for the offences punishable under Sections 420, 406, 467, 468, 471 and 120-B of IPC.
2. It is stated that Santosh Shankar Rav Patil S/o Shri Shankarlal Tataya Sahib Patil has preferred the present application as a second bail application, the earlier one having been dismissed on merits by this Court vide order dated 28.05.2025 whereas Mohan Lal Gupta S/o Shri Ramkunwar Gupta is seeking bail for the first time.
3.
Learned counsel for the parties submits that complainant- Ramveer Singh has entered into a compromise with present applicants accused-Sanotsh Shankar Rav Patil and Mohan Lal Gupta and same was verified and attested by learned Additional Chief Judicial Magistrate No.1, Jaipur Metro-II, Jaipur. They further submits that it is a private dispute between complainant and present applicants and after recording compromise under Sections 420 and 406 IPC, remaining offences are formal in nature. They also submits that applicants-accused are in custody and they are entitled to be released on bail on basis of compromise.
4.
Learned counsel for complainant acknowledges the compromise between the parties and no objection for grant of bail.
5. Learned Public Prosecutor has submitted a report received from P.S. Vaishali Nagar (West) and submits that 19 criminal cases
[2025:RJ-JP:37272] (3 of 4) [CRLMB-9692/2025] were registered against the applicants-accused and they are habitual criminals.
6. The applicants-accused were charged for offences under Sections 420, 406, 467, 468, 471 and 120-B of IPC and after registration of FIR, police has already filed a charge-sheet against them. The first bail application of applicant accused Santosh Shankar Rav Patil was dismissed by this Court on 28.05.2025 and now this is second bail application filed after compromise between the parties whereas Mohan Lal Gupta has filed first bail application after compromise with complainant, on dated 10.09.2025. A copy of compromise with each of applicant is placed on record.
7. The record submitted by learned Public Prosecutor indicate that total 19 cases were registered and mostly at P.S. Vaishali Nagar (West) and it is contended that applicants-accused are on bail in almost all cases.
8. Since, parties have compromised in substantial provisions under Sections 420 and 406 IPC, therefore, considering the
judgment in case of B.S. Joshi & Ors vs State Of Haryana & Anr. AIR 2003 SC 1386, I am of considered view that offences under Sections 467, 468, 471 and 120-B of IPC are ancillary to substantive offences and a dispute is private in nature, therefore the applicants are entitled for bail.
9. Thus, the instant bail applications filed on behalf of applicants-accused Santosh Shankar Rav Patil S/o Shri Shankarlal Tataya Sahib Patil and Mohan Lal Gupta S/o Shri Ramkunwar Gupta, are hereby allowed and the applicants- accused are ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the
[2025:RJ-JP:37272] (4 of 4) [CRLMB-9692/2025] satisfaction of the Trial Court by each of the applicants-accused with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-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.
10. The Registry is directed to send a copy of this order to the Trial Court through E-mail.
(ASHOK KUMAR JAIN),J MONU /04-05