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2025 DAILYLAW 35358 (RAJ)

RATAN S/O SHRI MANGALRAM v. STATE OF RAJASTHAN

CRLMB/16231/2024 · 2025-03-03

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:9007] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16230/2024 Mangalram S/o Nathu, R/o Jaipuriya Ka Bas, Near Kedia Kothi, Jaipur (Raj.). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 16231/2024 Ratan S/o Shri Mangalram, R/o Jaipuriya Ka Bas, Near Kedia Kothi, Jaipur (Raj.). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 16232/2024 Boduram Yadav S/o Ramulal Yadav, R/o Near Yadav Petrol Pump, Naya Bas Ramsinghpura, Police Station Bagru, District Jaipur (Raj.). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Gupta Mr. Rajveer Singh Gurjar Mr. Avtar Singh Rathore For Respondent(s) For Complainant(s) : : Mr. Sudesh Kumar Saini, PP Mr. Shiv Kumar for Mr. Rajesh Goswami HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/03/2025 1. These instant pre-arrest bail applications have been filed under Section 482 BNSS on behalf of the petitioners, who are having apprehension of their arrest in connection with FIR No.261/2024 registered at Police Station Chitrakoot, District Jaipur [2025:RJ-JP:9007] (2 of 4) [CRLMB-16230/2024] (West) for the offences punishable under Sections 406, 420 & 120B of IPC. 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. It is submitted that the matter is of civil nature. However, the complainant has misused the provisions of law. The petitioners are ready to return amount of Rs.90,00,000/- (Ninety Lakh Rupees) to the complainant. It is however, submitted that this stand of the petitioners in returning the aforesaid amount may not be treated as acceptance of guilt. It is further argued that they are ready to join investigation. 3. Learned State Counsel opposes the submissions made by learned counsel for the petitioners and submits that mere offer to return the alleged amount to the complainant will not absolve the criminal liability of the petitioners. Learned counsel appearing on behalf of the complainant is not ready to accept the proposal of the petitioners. 4. Considering the contentions put-forth by both the parties and taking into account the totality of facts and circumstances of the case, especially the fact that petitioners are ready to join investigation and also ready to return Rs.90,00,000/- to the complainant; but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to allow these anticipatory bail applications. 5. Accordingly, these anticipatory bail applications are allowed. The S.H.O/I.O/Arresting Officer, Police Station Chitrakoot, District Jaipur West in FIR No.261/2024 is directed that in the event of arrest of the petitioners- 1) Mangalram S/o Nathu, 2) Ratan [2025:RJ-JP:9007] (3 of 4) [CRLMB-16230/2024] S/o Shri Mangalram and 3) Boduram Yadav S/o Ramulal Yadav, they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the petitioners shall make themselves available for interrogation by a police officer as and when required; (ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer, and (iii) that the petitioners shall not leave India without prior permission of the court. (iv) that the petitioners shall deposit a demand draft in the sum of Rs.90,00,000/-, prepared in the name of District & Sessions Judge, Jaipur Metro, with the court concerned, within one month from today which would be disbursed to the complainant subject to the outcome of the trial. Upon furnishing demand draft by the accused petitioner, the learned trial court shall prepare a fixed deposit with the said money in a nationalized bank. 6. However, complainant of this case would be at liberty to file cancellation of bail application if aforesaid amount is not [2025:RJ-JP:9007] (4 of 4) [CRLMB-16230/2024] deposited by the petitioners within the given time. 7. If any breach of these conditions is reported or come to the notice of the Court, same shall alone be a reason for the trial court to cancel the bail granted to them by this Court. (ANIL KUMAR UPMAN),J GAUTAM JAIN /14-16