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2025 DAILYLAW 5219 (RAJ)

GIRRAJ SHARMA S/O LATE SHREE RADHESHYAM SHARMA v. STATE OF RAJASTHAN

CRLMB/1439/2025 · 2025-02-05

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:5171] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1439/2025 Girraj Sharma S/o Late Shree Radheshyam Sharma, Aged About 45 Years, R/o Plot No. 104, Shiv Vihar, Murlipura, Jaipur, Rajasthan. (At Present In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manoj Singh Chouhan For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/02/2025 1. The instant bail application has been filed under Section 483 of BNSS., on behalf of the petitioner, who has been arrested in connection with FIR No.515/2018 registered at Police Station Brahmpuri, District Jaipur City (North) (Raj.) for the offences punishable under Sections 420, 406 & 120-B of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that there is a civil dispute between the parties. He submits that alleged offences are triable by Magistrate. Counsel contends that agreement to sale was executed by the co- accused-Anita Sharma in favour of the complainant & petitioner is simply a witness of agreement to sale & he is not the beneficiary. He submits that the said co-accused person who is wife of the petitioner has been granted benefit of bail by this court vide order [2025:RJ-JP:5171] (2 of 3) [CRLMB-1439/2025] dated 17.01.2025. Petitioner is in custody since 05.11.2024 & there are no criminal antecedents against him. Charge-sheet has been filed & trial of the case will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially the fact that alleged offences are triable by Magistrate & co-accused person namely Anita Sharma has been granted bail by this court; charge-sheet has been filed & trial will take time in its conclusion; absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Girraj Sharma S/o Late Shree Radheshyam Sharma, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. [2025:RJ-JP:5171] (3 of 3) [CRLMB-1439/2025] 7. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /77