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2025 DAILYLAW 4131 (RAJ)

LAXMIKANT @ LUCKY RANA S/O SHRI NANDLAL v. STATE OF RAJASTHAN

CRLMB/1116/2025 · 2025-02-25

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:8411] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1116/2025 Laxmikant @ Lucky Rana S/o Shri Nandlal, Aged About 32 Years, R/o 3-F-44 Dadabadi Vistar Yojana, Nasiya Ji Mandir Ke Pass P.s. Dadabadi, Kota City Rajasthan ( Accused At Present Confined In Central Jail Kota) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) : Mr. Shriram Dhakar, PP Mr. Yogesh Sharma, RPS, CO P.S. Dadabari, Kota City HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 25/02/2025 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.130/2024 registered at Police Station Dadabadi, District Kota City (Rajasthan) for the offences punishable under Sections 420 & 406 of IPC. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 420, 406 & 120B of IPC, Sections 3, 21, 5 & 23 of Banning of Unregulated Deposit Schemes Act (in short ‘BUDS’) Act and Sections 3, 4, 5 & 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. [2025:RJ-JP:8411] (2 of 3) [CRLMB-1116/2025] According to the prosecution case, there is allegation against the petitioner that he induced the complainant to invest money in different schemes. It has been alleged in the FIR that a total amount of Rs. 41,51,085/- (Forty One Lakh Fifty One Thousand Eighty Five Rupees) was given by the complainant to the petitioner. Counsel submits that out of which, Rs. 23,98,585/- (Twenty Three Lakh Ninety Eight Thousand Five Hundred Eighty Five Rupees) has been returned to the complainant through banking channels and Rs.17,52,000/- (Seventeen Lakh Fifty Two Thousand Rupees) has been paid in cash. Charge-sheet has been filed and trial will take considerable time in its conclusion. Petitioner is in custody since 26.07.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Investigating Officer of this case is present in person and under his instructions, learned State Counsel submits that admittedly, complainant has received Rs.23,98,585/- (Twenty Three Lakh Ninety Eight Thousand Five Hundred Eighty Five Rupees) from the petitioner. It is submitted that petitioner is a habitual offender and five other cases of similar nature have been registered against him. 4. At this stage, learned counsel for the petitioner submits that in one of the case, facility of pre-arrest bail has been granted to the petitioner by Hon’ble Apex Court. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also the material made available in [2025:RJ-JP:8411] (3 of 3) [CRLMB-1116/2025] the form of charge-sheet 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. 7. This bail application is accordingly allowed and it is directed that accused-petitioner Laxmikant @ Lucky Rana S/o Shri Nandlal, 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 court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 8. It is made clear that the accused-petitioner shall mark his presence once in every month in the concerned police station till conclusion of trial. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court. (ANIL KUMAR UPMAN), J LALIT MOHAN /326