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2025 DAILYLAW 32001 (RAJ)

GOPAL LAL KUMAWAT @ BITTU @ VINOD S/O SHRI HANUMAN SAHAY KUMAWAT v. STATE OF RAJASTHAN

CRLMB/12912/2024 · 2025-03-03

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:9156] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12912/2024 Gopal Lal Kumawat @ Bittu @ Vinod S/o Shri Hanuman Sahay Kumawat, R/o Kumawaton Ki Dhani, Village Bamaniyawas, Police Station Jobner, Jaipur. (At Present Lodge At Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Amit Jindal Mr. Prashant Sharma For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Khizer Iqbal Khan Mr. Ramkishor, IO, PS Shastri Nagar, Jaipur City (North) HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/03/2025 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.359/2024 registered at Police Station Shastri Nagar, District Jaipur City (North) for the offences punishable under Sections 420, 406, 467, 468 and 120B of IPC. Later on, police filed charge-sheet in this matter. 2. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Counsel submits that petitioner and complainant were involved in the business of sale and purchase of used cars and same is evident from their bank statement as several transactions can be seen between them. It is submitted that alleged offences are triable by Magistrate. It is submitted that one other case was registered against the petitioner wherein negative final report has already been proposed by the Investigating Agency. Charge-sheet has been filed and trial will take [2025:RJ-JP:9156] (2 of 2) [CRLMB-12912/2024] considerable time in its conclusion. Petitioner is in custody since 23.09.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes this bail application and submit that in a very planned manner, cheating has been committed by the petitioner with the complainant. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced at Bar, as also the fact that alleged offences are triable by Magistrate; charge-sheet has been filed; trial will take 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 fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Gopal Lal Kumawat @ Bittu @ Vinod S/o Shri Hanuman Sahay Kumawat 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. 7. The observation made herein above is 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 /539