GIRJA SHANKAR BAIRAGI S/O RAMRATAN v. STATE OF RAJASTHAN
CRLMB/621/2025 · 2025-01-21
Praveer Bhatnagar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3137 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3137 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:2995] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.27/2025 Radhakishan S/o Shri Ramdev, Aged About 40 Years, R/o Bordamaal, P.s. Kaapren, District Bundi (Raj.). (Accused At Present Confined In Central Jail Bundi). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 621/2025 Girja Shankar Bairagi S/o Ramratan, Aged About 27 Years, R/o Isarda, Police Station Kapren, District Bundi (Raj.) (At Present Confined In District Jail, Bundi (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Samarth Sharma, Adv. Mr. Govind Lal Choudhary, Adv. For Respondent(s) For complainant : : Ms. Manju Dave, PP Mr. Lalit, Adv.
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 21/01/2025
1. These instant bail applications have been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.167/2024, registered at Police Station Kaapren, District Bundi, for the offence(s) under Sections 420, 406 and 384 of IPC.
[2025:RJ-JP:2995] (2 of 3) [CRLMB-27/2025]
2.
Learned counsel for the petitioners submits that the accused- petitioners have falsely been implicated under Sections 420, 406, 384 and 120-B of IPC. The accused-petitioners are in custody since 03.12.2024 and 08.12.2024 respectively. It is also contended that transaction between the complainant and petitioner- Girja Shankar Bairagi was entirely civil in nature and instead of filing the suit for specific performance, the complainant has filed the FIR against the accused-petitioners. The matter is exclusively triable by Magistrate and the trial of the case may take considerable time, therefore, these bail applications of the accused-petitioners may be allowed.
3. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the grant of these bail applications.
4. Heard and perused the material available on the record.
5. From the perusal of the record, it is apparent that the complainant entered into an agreement with the accused- petitioner- Girja Shankar Bairagi and the accused-petitioner did not executed the registry in favour of the complainant.
6. Considering the above facts, without expressing anything on the merits of the case and taking into record that the accused- petitioners are in custody since 03.12.2024 and 08.12.2024 respectively, the trial of the case may take considerable time and the matter is exclusively triable by Magistrate, therefore, I deem it just and proper to enlarge the accused-petitioners on bail.
7. Accordingly, these bail applications under Section 483 of B.N.S.S. are allowed and it is ordered that the accused-petitioners namely; 1. Radhakishan S/o Shri Ramdev and 2. Girja
[2025:RJ-JP:2995] (3 of 3) [CRLMB-27/2025] Shankar Bairagi S/o Ramratan, in connection with FIR No.167/2024, registered at Police Station Kaapren, District Bundi, 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 Ashwani Kr Srivastava /-384-385