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2025 DAILYLAW 47972 (RAJ)

ASMAN SINGH SHEKHAWAT S/O SHRI KISHORE SINGH SHEKHAWAT v. STATE OF RAJASTHAN

CRLMB/13279/2025 · 2025-11-27

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:48335] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13279/2025 1. Asman Singh Shekhawat S/o Shri Kishore Singh Shekhawat, R/o Plot No. 2, Satya Nagar, Khatipura Road, Jhotwara, Jaipur (Rajasthan). 2. Anju Kanwar W/o Shri Asman Singh Shekhawat, R/o Plot No. 2, Satya Nagar, Khatipura Road, Jhotwara, Jaipur (Rajasthan). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abhimanyu Singh Yaduvanshi For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. Mr. Vijay Kumar Gupta HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 27/11/2025 1. The present bail application has been filed under Section 482 B.N.S.S. on behalf of the accused-petitioners-Asman Singh Shekhawat S/o Shri Kishore Singh Shekhawat & Anju Kanwar W/o Shri Asman Singh Shekhawat, in connection with FIR No. 509/2025 registered at Police Station Jhotwara, District Jaipur (West) for the offence(s) under Section(s) 316(2), 318(4), 351(3), 308(6) & 61(2)(a) of B.N.S. 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have been falsely implicated in this case & they have nothing to do with the alleged offence(s). The impugned FIR was lodged only to harass and humiliate the present accused- petitioners. It is further submitted that the alleged offence(s) are not made out against the petitioners, as they had no intention to [2025:RJ-JP:48335] (2 of 3) [CRLMB-13279/2025] cheat at any stage. The petitioners have already deposited a sum of ₹1,50,000/- before the learned Trial Court and are ready to pay the remaining amount in order to demonstrate their bona-fide conduct. Their custodial interrogation would not be required for any purpose in the matter. 3. Learned Public Prosecutor and learned counsel for the complainant-respondent have vehemently opposed the bail application and submitted that the petitioners, along with the other co-accused persons, have committed cheating with the complainant. The petitioners deposited an amount of ₹1,50,000/- in the account of the complainant only to secure the benefit of anticipatory bail. However, despite repeated demands made by the complainant, the petitioners appeared intent on usurping the remaining amount. It is further submitted that the petitioners filed a compromise before the learned Trial Court without obtaining the complainant’s consent or signature, thereby attempting to mislead the Court. The allegations against the petitioners are serious in nature and therefore, the present bail application deserves to be dismissed. 4. Considered the overall allegations leveled in the FIR, the impugned order and the contentions made by learned counsel for the accused-petitioners. 6. It is well settled that the power exercisable under Section 482 of B.N.S.S. is somewhat extraordinary in character and it is only in exceptional cases where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence, is not likely to [2025:RJ-JP:48335] (3 of 3) [CRLMB-13279/2025] otherwise misuse his liberty. It is also well settled that ordinarily, arrest is a part of the process of investigation intended to secure several purposes and it may be necessary to curtail the freedom of an accused in order to enable the investigation to proceed without hindrance and prevent the disappearance of the accused. 7. Thus, without commenting upon the merits/demerits of the case, this Court does not deem it appropriate to grant the benefit of pre-arrest bail to the accused-petitioners. 8. Accordingly, the instant bail application filed under Section 482 of B.N.S.S. is dismissed. (VINOD KUMAR BHARWANI),J SAURABH /317