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2025 DAILYLAW 42263 (RAJ)

JAGDISH SHARMA S/O SITARAM SHARMA v. STATE OF RAJASTHAN

CRLMB/16975/2025 · 2025-12-19

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:51602] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16975/2025 Jagdish Sharma S/o Sitaram Sharma, Aged About 48 Years, R/o Village Dholi, Ward Number 2, Tehsil Shahpura, Thana -Amarsar, District Jaipur Currently Residing At Niwaru Swarnkar Colony, Near Bharat Gas Godam, Police Station Kardhani, Jaipur. (Presently Confined At Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vibhuti Bhushan Sharma with Mr. Anindya Gupta, Mr. Harshit Tiwari and Ms. Suman Kalal For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 19/12/2025 1. This criminal miscellaneous bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.82/2024 registered at Police Station Sanganer, District Jaipur City (East) for the offences punishable under Sections 420, 406, 467, 468, 471 and 120-B of IPC. 2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the FIR in question, whereas he has not committed any offence whatsoever. Learned counsel further submits that the plot in question was purchased by the petitioner from co-accused Asha Devi, on the basis of documents made available by her. Based upon the sale [2025:RJ-JP:51602] (2 of 3) [CRLMB-16975/2025] documents, he applied for granting loan from Aadhar Housing Finance Limited Company and after sanctioning the loan, the entire loan amount was transferred in the loan account co-accused Asha Devi. Learned counsel also submits that since Asha Devi was alleged original owner of the plot, therefore, in case, there is some illegality or doubt with regard to veracity of the title documents, petitioner cannot be held liable. Even otherwise, the alleged offences in the FIR are triable by Magistrate and he is behind the bars since 19.11.2025 and trial is likely to take considerably long time. Hence, a prayer has been made to enlarge the petitioner on bail. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Having heard learned counsel for the petitioner as well as learned Public Prosecutor and in the light of the fact that the loan amount was not transferred in the account of the petitioner and rather it was transferred in the account of co-accused Asha Devi as well as the fact that the alleged offences against the petitioner are triable by Magistrate. Hence, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail. 5. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Jagdish Sharma S/o Sitaram Sharma shall be released on bail in pursuance of FIR No. 82/2024 registered at Police Station Sanganer, District Jaipur City (East) on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner shall also [2025:RJ-JP:51602] (3 of 3) [CRLMB-16975/2025] follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court. (ANAND SHARMA),J DIVYA /614