SMT. ASHA GUPTA W/O SURESH GUPTA v. STATE OF RAJASTHAN
CRLMB/11971/2025 · 2025-09-20
Praveer Bhatnagar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30568 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30568 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:38967] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11971/2025 Smt. Asha Gupta W/o Suresh Gupta, Aged 57 Years, R/o House No. 213, Mishrarajaji Ka Rasta, Third Crossing Chandpole Bazar, P.s. Kotwali, Jaipur At Present Tenant Flat On. 535, Ground Floor, Housing Board Colony, Sector-17A, P.s. Sector 17/18, Gurugram Hariyana. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Poonam Chand Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 20/09/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 105/2020 registered at Police Station Vidhayakpuri, District Jaipur City (South) for the offences under Sections 420 and 406 of IPC.
2.
Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is contended that petitioner has not taken any loan from the bank, in fact the loan was taken by her husband and petitioner was only the guarantor. It is alleged against the petitioner and other co- accused that they procure loan from two banks by submitting forged lease deed. It is further argued that whether the documents which were mortgaged before the banks were forged
[2025:RJ-JP:38967] (2 of 3) [CRLMB-11971/2025] or not has not come on record, as the society who issued the pattas has no valid record with them. It is also alleged in the FIR that a loan was taken from Hinduja Leyland Finance Company Limited, however the amount has already been paid and the case in the Debt Recovery Tribunal has been disposed of. The petitioner is a lady and behind the bars since 28.08.2025. The offences alleged to have been committed by the petitioner are triable by Magistrate and the trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.
3. Learned Public Prosecutor has vehemently opposed the bail application.
4. Heard and perused the material available on record.
5. Considering the arguments advanced by learned counsel for the parties and looking to the fact that the accused-petitioner is a lady and behind the bars since 28.08.2025. The offences alleged to have been committed by the petitioner are triable by Magistrate and the trial of the case may take considerable time, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.
6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Smt. Asha Gupta W/o Suresh Gupta, in connection with FIR No.105/2020 registered at Police Station Vidhayakpuri, District Jaipur City (South) shall be enlarged on bail provided she furnishes 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
[2025:RJ-JP:38967] (3 of 3) [CRLMB-11971/2025] her appearance before the court concerned on all the dates of hearing and as and when called upon to do so.
(PRAVEER BHATNAGAR),J ashu /127