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2025 DAILYLAW 42806 (RAJ)

SITARAM S/O RAMPRATAP v. STATE OF RAJASTHAN

CRLMB/15752/2025 · 2025-12-16

Ashutosh Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:50861] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15752/2025 Sitaram S/o Rampratap, Aged About 65 Years, R/o Gram Bhonwas, Police Station Pragpura, District Kotputli-Behror. (Accused applicant Confined At Central Jail, Jaipur). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Raj Kumar Sharma, Adv. For Respondent(s) : Mr. Devi Singh, Dy.GA Mr. Vijay Kumar Jangid, Adv. for complainant HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 16/12/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 18.11.2025 passed by learned Additional Sessions Judge No.1, Shahpura Jaipur District (hereinafter referred to as learned 'trial Court') in connection with FIR No. 201/2025, registered at Police Station Shahpura, District Jaipur Rural for the offences punishable under Sections 420, 467, 468, 471, 474 and 120-B of IPC, by which the bail application of the accused- applicant under Section 483 of the B.N.S.S, 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this matter. Learned counsel also submits that the allegation against the [2025:RJ-JP:50861] (2 of 3) [CRLMB-15752/2025] accused-applicant is that he has submitted a forged death certificate of one Gulab Devi and got mutation done in favour of his mother namely; Bhagwati Devi in the year 2011. Thereafter, the complainant-Nathulal filed an appeal against such mutation in the year 2011 itself, however, the appeal of the complainant was dismissed by learned SDO, Shahpura vide order dated 09.05.2025. After dismissal of the appeal against the mutation, the FIR has been registered against the accused-applicant for the offences punishable under Sections 420, 467, 468, 471, 474 and 120-B of IPC. Learned counsel contends that age of the accused- applicant is 65 years and was arrested on 06.11.2025 and since then, he is behind the bars. Charges levelled against the accused- applicant are triable by learned Judicial Magistrate First Class. Therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the bail application and submit that false affidavit regarding the death of one Gulab Devi was forged by the accused-applicant and the same was submitted before the competent authority and thereafter, the accused-applicant got mutation done in favour of his mother, therefore, the present bail application be rejected. Learned counsel for the complainant further submits that the complainant is still in possession of the disputed property, however, the accused-applicant while committing forgery has sold some part of the property to some other person. 4. Heard learned counsel for the parties and also perused the material available on record. [2025:RJ-JP:50861] (3 of 3) [CRLMB-15752/2025] 5. Having regard to the facts and circumstances of the case; that a revenue dispute is pending between the parties and against the mutation entry, the appeal was filed by the complainant, which was dismissed by the learned SDO Shahpura; that after dismissal of the said appeal, the FIR was registered; that the accused- applicant is 65 years of age and that the charges levelled against the accused-applicant are triable by learned Judicial Magistrate, therefore, without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail applica- tion filed by the accused-applicant. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Sitaram S/o Rampratap, arrested in FIR No. 201/2025, registered at Police Station Shahpura, District Jaipur Rural shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. 7. The accused-applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /247