[2025:RJ-JP:18381] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR (1) S.B. Criminal Miscellaneous Bail Application No. 794/2025 Abdul Salim S/o Jumma Tajak, Aged About 38 Years, R/o Ward No. 03, Kot Mohalla, Near Shahidon Ki Masjid, Kaithun, Police Station Kaithun, District Kota. (At Present Confined In Central Jail Kota, District Kota). ----Applicant Versus State Of Rajasthan, Through PP ----Respondent Connected With (2) S.B. Criminal Miscellaneous Bail Application No. 1909/2025 Dr. Subhash Bhardwaj S/o Sh. Harishankar, R/o Lohamandi Bhaganta District Agra, Hal A-74, Subhash Colony, Kherli Phatak Station Road P.s. Bheemganjmandi District Kota. (At Present Lodged In Central Jail Kota Since 28/01/2025) ----Applicant Versus State Of Rajasthan, Through P.P ----Respondent For Applicants : Mr. Gourav Sharma, Adv. on behalf of Mr. Nitin Kumar Sharma, Adv. (In S.B. Criminal Miscellaneous Bail Application No.794/2025) Mr. Abhishek Bhardwaj, Adv. with Mr. Shantanu Sharma, Adv. (In S.B. Criminal Miscellaneous Bail Application No.1909/2025) For Respondent : Mr. Vivek Sharma, Addl.G.A. Mr. Om Prakash Kharrra, Adv. (for the complainant) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 01/05/2025 1. As these bail applications have been filed pertaining to the same FIR, they are being heard and decided by the instant common order. [2025:RJ-JP:18381] (2 of 3) [CRLMB-794/2025] 2. These bail applications have been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 in the matter arising out of FIR No.29/2024, registered at Police Station Kaithoon, District Kota (Rural) for the offences punishable under Sections 420, 406 and 120-B of IPC. 3. Learned counsel for the accused-applicants submit that the accused-applicants have falsely been implicated in this case. Learned counsel for the accused-applicants also submit that it is a case of purely civil dispute between the parties, wherein several agreements were entered between the parties. Learned counsel further submits that the charges levelled against the accused- applicants are for the offences punishable under Sections 420, 406 and 120-B of IPC and the same are triable by Magistrate. 4. Learned counsel for the accused-applicants argues that the accused-applicant-Abdul Salim was arrested on 06.01.2025 and the accused-applicant-Dr. Subhash Bhardwaj was arrested on 28.01.2025 and since then, they are behind the bars. Learned counsel also argues that in these cases, the charge-sheet has been filed and trial will take long time to conclude, therefore, both the accused-applicants may be granted benefit of bail. 5. Learned Additional Government Advocate assisted by learned counsel for the complainant vehemently oppose these bail applications and submit that the accused-applicants by committing fraud and they have entered into an agreement to sell the property which was not owned by them. Learned counsel for the complainant also submits that there are other criminal cases [2025:RJ-JP:18381] (3 of 3) [CRLMB-794/2025] registered against the accused-applicants, therefore, the accused- applicants may not be granted benefit on bail. 6. Heard learned counsel for the parties and also perused the material available on record. 7. Having regard to the facts and circumstances of the case, and considering the period of custody of the accused-applicants; 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 applicants. 8. Consequently, these bail applications filed under Section 483 of the B.N.S.S., 2023 are allowed. It is ordered that accused- applicants namely (1) Abdul Salim S/o Jumma Tajak & (2) Dr. Subhash Bhardwaj S/o Harishankar, arrested in connection with FIR No.29/2024, registered at Police Station Kaithoon, District Kota (Rural) will be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- each and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicants will be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /61-62