[2025:RJ-JP:35685] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8979/2025 Nadeem Nawab S/o Tavvab Khan, Aged About 40 Years, Resident Of House No 3340-41, Kumharo Ki Nadi, Near Moti Katla Dispensary, Chowkdi Ramchandraji, Police Station Subhash Chowk, Jaipur (Raj.) (At Present In Central Jail, Jaipur). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Nav Ratan Singh For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Shubham Kumar Sain, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/09/2025 1. Instant application for bail is filed under Section 483 of BNSS by the petitioner-accused Nadeem Nawab S/o Tavvab Khan in FIR No.83/2025 dated 03.06.2025 registered at P.S. Subhash Chowk, District – Jaipur (North), whereby the petitioner-accused has been charged under Sections 420 and 406 of IPC. 2. The petitioner was arrested on 27.06.2025 and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. Learned counsel for the petitioner submits that this is a dispute of [2025:RJ-JP:35685] (2 of 4) [CRLMB-8979/2025] civil nature wherein after a delay of more than two years, complainant has filed a criminal case against the petitioner accused and police has arrested the petitioner accused on 27.06.2025 and filed a charge-sheet against him. He further submits that the description after investigation clearly indicate that the present petitioner has sold his two shops to Mohammad Farooq and Mohammad Rafiq on 16.10.2014 and thereafter allegedly entered into an agreement to sell with complainant. He submits that one of the shop is in possession of complainant but two shops are in possession of tenant. He also submits that the petitioner accused has allegedly taken some advance amount and on basis of said advance amount, an agreement to sell has executed by the complainant. He further submits that there is no criminal antecedents against the petitioner accused and the offence is triable by the Magistrate First Class. He further assures that in case, the petitioner-accused is required, the petitioner- accused will be available. He also submitted that the trial will take time and no purpose will be served by keeping the petitioner-accused in custody. 4. Aforesaid contentions were opposed by learned Public Prosecutor. He has submitted a report received from PS Subhash Chowk, District – Jaipur (North). 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record. 6. On basis of a complaint dated 03.06.2025 lodged by Latifur Rehman about agreement to sell of a property already sold to some other person by the petitioner-accused, a case is [2025:RJ-JP:35685] (3 of 4) [CRLMB-8979/2025] registered and matter is investigated. The present petitioner accused is arrested and a charge-sheet has been filed. There is no criminal antecedents against the petitioner accused. The complainant has filed a case on basis of agreement to sell dated 23.03.2023 executed in his favour by the present petitioner accused whereas earlier registered sale deed was executed by the petitioner accused in favour of Mohammad Farooq and Mohammad Rafiq on 16.10.2014. The allegation on the present petitioner is that he received ₹ 12,00,000/- as an advance. Before registration of FIR a legal notice dated 19.01.2025 is served upon the present petitioner to demand specific performance of contract but instead of filing a suit for specific performance, a criminal case is registered by complainant. 7. Upon hearing the arguments and perusing the record, we have found that the petitioner-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 petitioner-accused. 8. Thus, the instant bail application filed on behalf of petitioner- accused is hereby allowed and the petitioner-accused Nadeem Nawab S/o Tavvab Khan is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- [2025:RJ-JP:35685] (4 of 4) [CRLMB-8979/2025] (i) The petitioner-accused shall not tamper with evidence or influence the witness in any manner. (ii) The petitioner-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioner-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 petitioner-accused shall be liable to be cancelled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/95