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2025 DAILYLAW 36529 (RAJ)

GOPIRAM v. STATE OF RAJASTHAN

CRLMB/13372/2024 · 2025-01-09

Kuldeep Mathur

body2025

Judgment text

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[2025:RJ-JD:1366] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14420/2024 Iqbal Singh S/o Ajit Singh, Aged About 74 Years, R/o Lalgarh Jatan P.s. Lalgarh Jatan, Hall Ward No. Tavniya Colony, Kirayadar Hanuman Prasad Sharma Ka Makan P.s. Khajuwala Dist. Bikaner (At Present Lodged In Bikaner Jail) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 13371/2024 Daleep Singh S/o Shri Maniram, Aged About 67 Years, R/o W. No. 5, tawaniya Colony, Ps Khajuwada, Dist. Bikaner. (At Oresent Lodged Central Jail Bikaner) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 13372/2024 Gopiram S/o Ramkaran, Aged About 56 Years, R/o Tawaniya Colony, Ps Khajuwala, Dist Bikaner (At Present Lodged In Bikaner Jail) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Jogender Singh Mr. Devender Singh Thind Ms. Sonika For Respondent(s) : Mr. Urja Ram Kalbi, P.P. HON'BLE MR. JUSTICE KULDEEP MATHUR Order 09/01/2025 1. These applications for bail under Section 483 BNSS (Section 439 Cr.P.C.) have been filed by the petitioners who have been arrested in connection with F.I.R. No.212/2024 registered at Police [2025:RJ-JD:1366] (2 of 3) [CRLMB-14420/2024] Station Khajuwala, District Bikaner, for the offences punishable under Sections 447, 420, 406, 467, 468, 471, 120-B of IPC. 2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioners submits that as per prosecution, the petitioner – Iqbal Singh prepared a forged agreement dated 17.06.2022 claiming to have purchased the property worth Rs.5.9 lakhs belonging to the complainant. The petitioners - Daleep Singh and Gopi Ram are attesting witness of the alleged forged documents/agreement dated 17.06.2022 prepared by the petitioner – Iqbal Singh. Learned counsel for the petitioner submitted that owing to some previous animosity between the parties, a pure civil dispute has been given the colour of criminal offences by the complainant parties. Learned counsel for the petitioner submitted that the petitioners are in judicial custody; the investigation against them has already been completed. Learned counsel also submitted that the offences alleged to have been committed by the petitioners are triable by court of Magistrate, and therefore, no fruitful purpose would be served by keeping them behind the bars for an indefinite period, particularly, when the trial of the case will take sufficiently long time to be concluded, therefore, the benefit of bail may be granted to the accused-petitioners. 4. Per contra, learned Public Prosecutor has vehemently opposed the bail applications, however, he was not in a position to refute the fact that investigation against the petitioners has [2025:RJ-JD:1366] (3 of 3) [CRLMB-14420/2024] already been completed and the offences alleged to have been committed by the petitioners are triable by Magistrate. 5. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted. 6. Consequently, these bail applications under Section 483 BNSS (Section 439 Cr.P.C.) are allowed. It is ordered that the accused-petitioners (1) Iqbal Singh S/o Ajit Singh, (2) Daleep Singh S/o Shri Maniram and (3) Gopiram S/o Ramkaran arrested in connection with F.I.R. No.212/2024 registered at Police Station Khajuwala, District Bikaner, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for their appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial. 7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial Court shall not get prejudiced by the same. 8. A copy of this order be placed in each file. (KULDEEP MATHUR),J 15-AnilKC/-