[2025:RJ-JP:50657] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16419/2025 Ramprasad Dey S/o Shri Ketul Day, R/o Village Udaychandrapur Police Station Nakashipara District Nadia West Bengal At Present At House No. 4B/1 Shankar Nagar Brahampuri Jaipur (Raj.) (At Present Accused Petitioner Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. K.K. Bhinda For Respondent(s) : Mr. Vivek Sharma, PP Mr. Ghanshyam, Adv. for complainant HON'BLE MR. JUSTICE ANAND SHARMA Order 16/12/2025 1. This criminal miscellaneous bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.62/2009 registered at Police Station Manak Chowk, District Jaipur City (North) for the offences punishable under Section 420 and 406 of IPC. 2. Learned counsel for the petitioner submits that in respect of FIR lodged in the year 2009, the petitioner has been arrested on 28.11.2025. Allegations in FIR were against two persons and the other co-accused has already been discharged by the learned trial Court. Learned counsel further submits that although there are allegations against the petitioner in FIR that he has allegedly taken away precious stones from the complainant and has not made payment thereof, however, no such [2025:RJ-JP:50657] (2 of 3) [CRLMB-16419/2025] bills/vouchers to prove that any such precious stones were ever taken by the petitioner; have ever been submitted by the complainant to the Investigating Officer. It is further submitted by learned counsel for the petitioner that even otherwise, from the bare perusal of the contents of FIR, the allegations in respect of offences under Section 406 and 420 of IPC cannot co-exist. The petitioner is permanent resident of Jaipur and was not aware of impugned FIR in last 16 years, till he was arrested by the police authorities. In view of such submissions, a prayer has been made to enlarge the petitioner on bail. 3. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed this bail application. 4. Learned counsel for the complainant submitted that the petitioner was employee of the complainant and had mischievously taken away the precious stones from the shop of the complainant. 5. Having considered the submissions made by learned counsel for the petitioner as well as learned Public Prosecutor and learned counsel for the complainant, this Court finds that the arguments raised by learned counsel for the complainant does not match with the allegation in the FIR. In view of the fact that co- accused has already been discharged by the trial Court and as per learned Public Prosecutor no bills/vouchers revealing any transaction between the petitioner and complainant are on record, 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. [2025:RJ-JP:50657] (3 of 3) [CRLMB-16419/2025] 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Ramprasad Dey S/o Shri Ketul Day shall be released on bail in pursuance of FIR No.62/2009 registered at Police Station Manak Chowk, District Jaipur City (North) 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 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 /303