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[2025:RJ-JP:39734] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12304/2025
1. Ramesh Son Of Tholu, Resident Of Garhi Chatola, Police Station Sapau, District Dholpur, (Rajasthan) (Presently Confined In District Jail Dholpur)
2. Sultan Singh Son Of Ramesh, Resident Of Garhi Chatola, Police Station Sapau, District Dholpur, (Rajasthan) (Presently Confined In District Jail Dholpur)
3. Brijesh Son Of Ramesh, Resident Of Garhi Chatola, Police Station Sapau, District Dholpur, (Rajasthan) (Presently Confined In District Jail Dholpur) ----Petitioners Versus The State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Dheeraj Singhal For Respondent(s) : Ms. Arti Sharma, PP 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 applicants-accused Ramesh Son Of Tholu, Sultan Singh Son Of Ramesh and Brijesh Son Of Ramesh, seeking bail in respect of a criminal case registered as FIR No.197/2023 dated 14.06.2023 registered at P.S. Sapau, District - Dholpur, for the offence under Sections 420, 467, 468, 471, 379 and 120B IPC.
2. During course of argument, learned counsel for petitioner Ramesh offers to withdraw bail application for petitioner
[2025:RJ-JP:39734] (2 of 4) [CRLMB-12304/2025] Ramesh with liberty to file after filing of charge-sheet. Now we are considering bail application of Sultan and Brijesh.
3.
Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. He also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time.
4.
Learned counsel for petitioner submitted that complainant Bhagwan Das has filed a criminal case on the basis of criminal complaint after a delay of 13 years and that too for the mutation entry which was got cancelled by petitioner Ramesh. He further submitted that petitioners Sultan Singh and Brijesh are innocent persons and they were not aware about any litigation between complainant and petitioner No.1 Ramesh. He also submitted that there is no criminal antecedents against the petitioner. 5. 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. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. [2025:RJ-JP:39734] (3 of 4) [CRLMB-12304/2025]
7. On the basis of criminal complaint filed by complainant Bhagwan Das before learned Judicial Magistrate, Sapau, Dist. Dholpur, an FIR is registered under Section 156(3) of Cr.P.C. on 14.06.2023, for cause of action based on mutation entry dated 06.12.2010 and further decision of ADM, Dholpur dated 31.03.2014 and subsequent transfer without any right by Ramesh in favour of petitioner No.2 and 3 Brijesh and Sultan. After registration of case, these petitioners were arrested on 07.09.2025 and now they are in custody. There is no criminal antecedents against the petitioners and both are beneficiaries from Ramesh. 8. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are 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 applicants-accused. 9. Thus, the instant bail application filed on behalf of applicants-accused Sultan Singh Son Of Ramesh and Brijesh Son Of Ramesh, is hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner would furnish 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 applicants-accused shall not tamper with
evidence or influence the witness in any manner.
[2025:RJ-JP:39734] (4 of 4) [CRLMB-12304/2025] (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-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. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled. 10. The bail application of Ramesh is dismissed as withdrawn with liberty as aforesaid. 11. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /175