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2025 DAILYLAW 30008 (RAJ)

RAMESHWAR SAIN S/O LATE SHRI GHANSHYAM v. STATE OF RAJASTHAN

CRLMB/11675/2025 · 2025-09-16

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:37536] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11675/2025 Rameshwar Sain S/o Late Shri Ghanshyam, Aged About 28 Years, R/o 224, Jda Colony, Bhankrota, Jaipur (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mohd. Isaq Abbasi For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Assistant GA Mr. Lokesh Kumar HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/09/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.06/2024 registered at Police Station Bhankrota, District Jaipur (West) for the offences punishable under Sections 420, 467, 468, 471 & 120B of IPC. 2. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. Learned counsel submits that with regard to the cheque in question, a case was registered against the complainant wherein he is already facing trial for the offence punishable under Section 138 of Negotiable Instruments Act. It is submitted that other co-accused person namely Mukesh Kumar Yadav has already been granted bail by this court. It is contended that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. [2025:RJ-JP:37536] (2 of 3) [CRLMB-11675/2025] Counsel submits that petitioner is in custody since 25.07.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by the learned counsel for the petitioner. They submit that it is evident from the FSL Report that cheque in question was tampered by the petitioner and co-accused person. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially considering the material available on record, as also the fact that there are no criminal antecedents against the petitioner and aforementioned co-accused person has already been granted bail by this court; trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner – Rameshwar Sain S/o Late Shri Ghanshyam 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 shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. [2025:RJ-JP:37536] (3 of 3) [CRLMB-11675/2025] 7. The observations made hereinabove are 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 GAUTAM JAIN /40