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2025 DAILYLAW 4256 (RAJ)

RAVI SAXENA S/O AMARNATH SAXENA @ AMAR SAXENA v. STATE OF RAJASTHAN

CRLMB/1012/2025 · 2025-05-21

Pramil Kumar Mathur

body2025

Judgment text

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[2025:RJ-JP:21357] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1012/2025 Ravi Saxena S/o Amarnath Saxena @ Amar Saxena, Aged About 45 Years, R/o Plot No. 214, Kesar Nagar, Thana Muhana, Jaipur South. (Presently Accused Petitioner Is Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Deepak Chauhan with Mr. Rajendra Singh Rajawat and Mr. Anirudh Singh Rathore For Respondent(s) For Complainant(s) : Mr. Naresh Kumar Gupta, PP with Mr. Shubham Sain, AAAG Mr. Lokesh Gour HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 21/05/2025 1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.0676/2023 registered at Police Station-Bajaj Nagar, District-Jaipur City (East) for the offences under Sections 420, 406, 409, 415, 468, 471 and 120B of IPC. 2. Heard learned counsel for the petitioner, learned Public Prosecutor as well as counsel for the complainant and perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that the matter relates to a civil nature but it has been given a colour of criminal offence. It has been further submitted that the offences are exclusively triable by a Magistrate. The petitioner is [2025:RJ-JP:21357] (2 of 3) [CRLMB-1012/2025] ready to execute a sale deed in favour of the complainant within a period of one month from his date of release, to which complete consideration has been passed to the petitioner. Counsel further submits that charge-sheet has already been filed. The petitioner is behind the Bar since 12.12.2024. The trial of the case may take considerable time and no fruitful purpose would be served by keeping the petitioner in further custody. Hence, the bail application of the petitioner may be allowed. 4. Learned counsel for the complainant has acceded to the arguments advanced by counsel for the petitioner and submits that both parties have arrived at compromise. According to which, the petitioner is ready to execute a sale deed in favour of the complainant and if bail is granted, complainant has no objection. 5. Learned Public Prosecutor has formally opposed the bail application. 6. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, especially the fact that the petitioner is ready to execute a sale deed in favour of the complainant within one month from the date of his release but without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. 7. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioner-Ravi Saxena S/o Amarnath Saxena @ Amar Saxena shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two [2025:RJ-JP:21357] (3 of 3) [CRLMB-1012/2025] sureties of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance before that Court on all the dates till conclusion of the trial. 8. If the petitioner fails to execute the sale deed in favour of the complainant within stipulated period then the complainant would be free to move an application for cancellation of bail before the concerned court. (PRAMIL KUMAR MATHUR),J sunita/48