[2025:RJ-JP:49619] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 13657/2025 Ramesh S/o Tholu, R/o Garhi Chatola, Police Station Sapau, District Dholpur (Rajasthan) Presently Confined In District Jail Dholpur. ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dheeraj Singhal For Respondent(s) : Mr. Manvendra Singh Choudhary, PP Mr. Harendra Singh Ranawat HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/12/2025 1. The second bail application under Section 483 of BNSS is filed by the applicant-accused Ramesh S/o Tholu 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, 379, 467, 468, 471 and 120B IPC. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2025:RJ-JP:49619] (2 of 4) [CRLMB-13657/2025] 3. Learned counsel for petitioner submits that if petitioner is released on bail, he is ready and willing to execute cancellation deed with his two other sons Sultan and Brijesh Kumar, so that complainant is satisfied. He further submitted that a preliminary report has been received from the Mediator and petitioner be granted bail, on certain conditions. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Learned counsel for complainant submits that a conditional bail be granted to petitioner provided that the petitioner accused and his two sons (other accused) would execute a cancellation deed to cancel the gift deed. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. The first bail application of petitioner was dismissed as withdrawn on 25.09.2025 but bail application of Sultan and Brijesh was allowed and this Court has observed as under: On the basis of criminal complaint filed by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 [2025:RJ-JP:49619] (3 of 4) [CRLMB-13657/2025] 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. The facts clearly indicated that the land was transferred by petitioner by way of gift deed to Sultan and Brijesh; both sons of petitioner. During pendency of this bail application, both Brijesh and Sultan have submitted an affidavit to the effect that they are ready and willing to transfer the land. During course of argument, learned counsel for petitioner, both Brijesh and Sultan undertake that within seven days of grant of bail, the cancellation document of gift deed shall be executed by the petitioner and his two sons. 9. Considering the statement and also the commitment as made by learned counsel on behalf of petitioner and other accused, it is appropriate to allow the bail application. 10. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is 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 applicant- accused, subject to certain conditions. 11. Thus, the instant bail application filed on behalf of applicant- accused Ramesh S/o Tholu, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of [2025:RJ-JP:49619] (4 of 4) [CRLMB-13657/2025] like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused after being released on bail, he and his two sons will execute a cancellation deed within seven days from date of release, otherwise the bail order will be recalled. (iii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iv) The applicant-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. (v) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 12. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /02