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2025 DAILYLAW 35693 (RAJ)

BHERU LAL S/O LATE SHRI GHASILAL v. STATE OF RAJASTHAN

CRLMB/16462/2024 · 2025-01-15

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:1966] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16462/2024 Bheru Lal S/o Late Shri Ghasilal, Aged About 60 Years, R/o Dhakad Kirana Store Ki Gali, Raipura, Police Station Udhyog Nagar, Kota (Raj.) (At Present In Central Jail, Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Braj Narain Sharma For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Samarth Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 15/01/2025 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.26/2024 registered at Police Station Udhyog Nagar, District Kota City (Raj.) for the offences punishable under Sections 420, 415, 418, 467, 468, 471 & 120-B of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that the entire offence is based on documents which are in possession of the Investigating Agency. He submits that a civil suit is also pending between the parties wherein complainant has already put her appearance. It is submitted that the alleged offences are triable by Magistrate. Petitioner is in custody since 13.12.2024 & there are no criminal [2025:RJ-JP:1966] (2 of 3) [CRLMB-16462/2024] antecedents against him. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by learned counsel for the petitioner. Learned Public Prosecutor submits that offences have been found proved against the petitioner & charge-sheet has been chalked out on 31.12.2024. Learned counsel for complainant submits that there is serious allegation against the petitioner as he prepared the forged lease- deed. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially the fact that alleged offences are triable by Magistrate; absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Bheru Lal S/o Late Shri Ghasilal, 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 [2025:RJ-JP:1966] (3 of 3) [CRLMB-16462/2024] court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. (ANIL KUMAR UPMAN),J GAUTAM JAIN /290