DEVRAJ SINGH S/O BHAGWAAN SINGH v. THE STATE OF RAJASTHAN
CRLMB/11572/2025 · 2025-09-25
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41969 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41969 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:40044] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11572/2025 Devraj Singh S/o Bhagwaan Singh, Aged About 23 Years, R/o 9/193, Sfs, Mansarovar, Jaipur (Raj.) (Presently Confined In Central Jail, Jaipur) ----Petitioner Versus The State Of Rajasthan, Through Its PP ----Respondent For Petitioner(s) : Mr. Anshuman Saxena Mr. Timan Singh For Respondent(s) : Mr. Manvendra Singh Choudhary, PP Mr. Praveen Poshwal for complainant 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 Devraj Singh S/o Bhagwaan Singh, seeking bail in respect of a criminal case registered as FIR No.207/2024 dated 11.06.2024 registered at P.S. Chandwaji, District – District Jaipur Rural, for the offence under Sections 406, 420, 464, 465, 467, 468, 471 and 120-B 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. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the
[2025:RJ-JP:40044] (2 of 5) [CRLMB-11572/2025] applicant undertakes not to repeat offence and cooperate with trial, which will take time.
3.
Learned counsel for the petitioner submits that complainant Rakesh Kumar Dorata has filed a criminal complaint in the Court of Chief Judicial Magistrate, which was forwarded for registration of a criminal case under Section 156(3) of CrPC. He submits that the dispute between the parties pertains to a partnership deed executed between Devraj Singh, Rakesh Kumar and Dharamveer Gurjar and due to this dispute, the complainant has lodged a report by turning a civil dispute into a criminal one. He also submits that the entire transaction relates to business dispute between present petitioner-complainant and he has submitted that during existence of partnership, complainant has retired from the partnership and new partner was inserted after due process. He further submits that despite change in composition of partnership deed, the complainant has drawn ₹9,50,000/- with another former partner Dharamveer and an FIR No.153/2025 was registered. He also submits that the entire sequence of events from constitution and initial partnership and further change in composition of partnership firm is carried out in accordance with law. He also submits that now neither Rakesh Kumar nor Dharamveer are partners of M/s. Shivam Stone Crusher (partnership firm). He further submits that to create a dispute, a false report is registered against the petitioner accused. He further submits that two criminal cases were registered against the present petitioner and one of the case relates to FIR No.466/2019 registered at PS
[2025:RJ-JP:40044] (3 of 5) [CRLMB-11572/2025] Bhusawar. The complainant Nirdesh Gurjar has already compromised the matter. He submits that the petitioner accused is in custody and the offence is triable by Magistrate First Class.
4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station.
5.
Learned counsel for the complaint has referred material on record and submitted that initially deed of partnership was entered between complainant, accused and Dharamveer Gurjar but with ulterior motive, the present petitioner has procured an authority from them and later he changed the composition of partnership firm. He also submits that the present petitioner is a habitual criminal and has already indulged in illegal possession of house where he is residing. He further referred a notice issued by Collector (Stamps) and submits that even in case of evasion of duty, a notice is served upon about demand. He also submits that in FIR registered by the present petitioner accused against complainant and Dharamveer Singh, police has already filed closure report. He also referred statement of notary public and submits that only one person came for attestation on 29.01.2024 and he has just put his signature. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. [2025:RJ-JP:40044] (4 of 5) [CRLMB-11572/2025]
7. Complainant Rakesh Kumar Dorata has registered a report by way of criminal complaint under Section 156(3) of CrPC alleging that the present petitioner, Dharamveer and complainant were partners in M/s. Shivam Stone Crusher involved in mining and stone crushing and a power of attorney in favour of accused for administrative and compliance related work was issued by remaining two partners. The complainant has alleged that the present petitioner accused has dishonestly retired Rakesh and Dharamveer from partnership firm and re-constituted the partnership firm. After registration of report police has investigated the matter and police has found involvement of present petitioner in commission of offence as alleged by complainant and he was arrested on 20.08.2025. The complainant has also alleged breach of trust in misappropriation of ₹55,00,000/-. We have considered statement of notary public Ghanshyam Singh with other material available on case diary. 8. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 9. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage.
[2025:RJ-JP:40044] (5 of 5) [CRLMB-11572/2025]
10. Accordingly, the application for bail filed under Section 483 of BNSS preferred by the applicant-accused Devraj Singh S/o Bhagwaan Singh is hereby dismissed. (ASHOK KUMAR JAIN),J MR/123