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2025 DAILYLAW 41458 (RAJ)

CHANDMAL GAWARIA S/O SHRI MITHULAL v. STATE OF RAJASTHAN

CRLMB/12318/2025 · 2025-09-25

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:39857] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12318/2025 Chandmal Gawaria S/o Shri Mithulal, Aged About 35 Years, R/o Dhani Road, Bajrang Colony Kishangarh, Presently Tenant At Nathu Singhs House, C Block Khushi Colony Gandhi Nagar, Police Station Gandh Nagar, District Ajmer. (Presently Confined At Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Nikitha Bhandari For Respondent(s) : Mr. Manvendra Singh Choudhary HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Chandmal Gawaria S/o Shri Mithulal seeking bail in respect of a criminal case registered as FIR No.282/2024 Dated 07.08.2024 registered at P.S. Gandhi Nagar District – Ajmer, for the offence under Sections 467, 468 and 471 of IPC. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. She further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. She also submits that the [2025:RJ-JP:39857] (2 of 4) [CRLMB-12318/2025] applicant undertakes not to repeat offence and cooperate with trial, which will take time. 3. Learned counsel for applicant submits that complainant Dalchand has registered a report on 07.08.2024 against Madhu Soni and her son Monu Soni for taking loan on basis of fabricated documents of property of complainant. She further submits that Madhu Soni and Monu Soni were granted bail by this Hon’ble Court on 18.12.2024 after compromise between complainant and accused. She submits that the present petitioner was neither named in FIR nor investigation was kept pending against him but all of sudden, the present petitioner was arrested by police for assisting Madhu Soni and Monu Soni in preparing forged documents. She also submits that out of two criminal cases registered against the petitioner, one has been disposed of and other is pending. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has submitted a report received from the concerned Police Station. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of basis of a report dated 07.08.2024 lodged by complainant Dalchand against Madhu Soni and Monu Soni for preparing forged patta of his property and further taking loan on the property, a report is registered and matter is investigated. During investigation, Madhu Soni and Monu [2025:RJ-JP:39857] (3 of 4) [CRLMB-12318/2025] Soni were arrested on 08.10.2024 and they were released on bail in pursuant to order dated 18.12.2024 passed by a Co-ordinate Bench of this Court. The compromise dated 18.07.2025 between Dalchand and Madhu Soni and Monu Soni is placed on record in relation to FIR No.282/2024. The present petitioner is in custody since 12.09.2025. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 8. Thus, the instant bail application filed on behalf of applicant- accused Chandmal Gawaria S/o Shri Mithulal, is hereby allowed and the applicant-accused is ordered to be released on bail provided he furnishes a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. [2025:RJ-JP:39857] (4 of 4) [CRLMB-12318/2025] (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/179