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2025 DAILYLAW 34906 (RAJ)

RAMRAJ S/O RAMKARAN v. STATE OF RAJASTHAN

CRLMB/15931/2024 · 2025-05-08

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:19527] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15931/2024 Ramraj S/o Ramkaran, R/o House No. 36, Vaibhav Nagar, Near Government School, Rojdi, Police Station R.k. Puram, District Kota. (At Present Confined In Central Jail Kota). ----Accused/Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant : Mr. Amit Dadhich, Adv. with Mr. Gajveer Singh Rajawat, Adv. For Respondent : Mr. Vivek Sharma, Addl.G.A. Mr. Naval Kishore Saini, Adv. on behalf of Mr. Ritesh Kumawat, Adv. (for the complainant) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 08/05/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 04.12.2024 passed by learned Sessions Judge, Kota in Criminal Misc. Case No.2691/2024 arising out of FIR No.425/2024, registered at Police Station Gumanpura, District Kota for the offence punishable under Sections 420, 406, 384, 389 and 120-B of IPC by which the bail application of the accused-applicant under Section 483 of B.N.S.S., 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel for the accused-applicant also submits that in this [2025:RJ-JP:19527] (2 of 3) [CRLMB-15931/2024] matter, an amount of Rs.10,34,781/- was wrongfully transferred in the Bank Account of the accused-applicant by the complainant- Finance Company, however, when the complainant-Finance Company asked to repay the same, the accused-applicant, refused to repay the same. Learned counsel further submits that there is no intention of the accused-applicant to retain the amount. 3. Learned counsel for the accused-applicant contends that the charges levelled against the accused-applicants are triable by Magistrate. Learned counsel also contends that accused-applicant was arrested on 27.11.2024 and since then, he is behind the bars. Learned counsel further contends that in this matter, charge-sheet has been filed and trial will take long time to conclude. Learned counsel also contends that the accused-applicant is ready and willing to abide by the terms and conditions, which may be imposed by this Court, therefore, the accused-applicant be granted benefit of bail. 4. Learned Additional Government Advocate along with learned counsel appearing on behalf of the complainant vehemently oppose this bail application. 5. Heard learned counsel for the parties and also perused the material available on record. 6. It is the admitted fact in this case that an amount of Rs.10,34,781/- has been deposited inadvertently in the Bank Account of the accused-applicant by the complainant-Finance Company. The money was not related to the accused-applicant [2025:RJ-JP:19527] (3 of 3) [CRLMB-15931/2024] therefore, he was bound to repay the same to the complainant- Finance Company. The charge-sheet has already been filed. 7. Having regard to the facts and circumstances of the case; considering the period of custody of the accused-applicant; the fact that charges levelled against the accused-applicants are triable by Magistrate and also considering the fact that the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant. 8. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Ramraj S/o Ramkaran, arrested in connection with FIR No.425/2024, registered at Police Station Gumanpura, District Kota shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. 9. It is also ordered that the accused-applicant shall repay the amount of Rs.10,34,781/- to the complainant-Finance Company within a period of three months from passing of this order, otherwise the complainant shall be free to apply for cancellation of bail granted to the accused-applicant. (ASHUTOSH KUMAR),J AARZOO ARORA /23