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2025 DAILYLAW 5725 (RAJ)

R.S. AHLUWALIA S/O LATE SHRI SHRAVAN SINGH v. STATE OF RAJASTHAN

CRLBC/21/2021 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:6309] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Bail Cancellation Application No. 21/2021 R.s. Ahluwalia S/o Late Shri Shravan Singh, Aged About 82 Years, R/o 4-Ta-9 Jawahar Nagar Jaipur ----Petitioner Versus 1. State Of Rajasthan, Through Pp 2. Ajay Singh S/o Shri Vikram Singh, Aged About 36 Years, R/o Dujod Tehsil Sikar Dist. Sikar Raj. At Present Plot No. 94 Flat No. 303 Himmat Nagar Tonk Road Gopalpura Byepass Ps Bajaj Nagar Jaipur ----Respondents For Petitioner(s) : Mr. Parth Sharma with Mr. Saurabh Jain for Mr. Sudhir Jain For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The present application is filed by the Applicant-Complainant with a prayer to cancel the bail granted vide order dated 17.12.2019 in Criminal Miscellaneous Bail Application No. 16521/2019 to the Accused-Non-Applicant No. 2 for the offence registered under Section 439 of Cr. P.C. 2. Learned counsel for the applicant has submitted that a compromise deed was signed inter-se the parties, thereafter, on account of said compromise conditional bail was granted vide order dated 17.12.2019 to the non-applicant-2. However, the terms and conditions of the said compromise deed and the bail order were never honoured by the non-applicant No. 2. [2025:RJ-JP:6309] (2 of 3) [CRLBC-21/2021] 3. Subsequently, mediation proceedings were initiated between the parties, however, same yield no successful outcome. 4. Learned counsel for the non-applicant, Mr. Sandeep Pathak, has pleaded no instructions on behalf of non-applicant no. 2. 5. Learned Public Prosecutor has submitted that in the interest of justice, this Court directed to issue non-bailable warrants against the accused/non-applicant no. 2 (Mr. Ajay Singh), however, on account of non-communication, services were not carried out. Nevertheless, as on date, it is informed that when services were carried out by Police Authorities/State, it was noted that non-applicant No. 2 is absconding and avoiding the service. Howsoever, information was duly communicated to the brother (Mr. Shakti Singh) of the non-applicant No. 2. 6. Heard and considered. 7. Considering the arguments advanced by the learned counsel for the parties, taking note of the fact that non-applicant-2 has not honoured the terms and conditions of the compromise deed and conditional bail order; that mediation inter-se parties failed; that non-applicant No. 2 is avoiding the service and prima facie looking to the overall facts and circumstances of the case but without commenting upon the merits/demerits, this court deems it appropriate to allow the instant bail cancellation application. 8. Accordingly, instant bail cancellation application is hereby allowed. The bail granted to the non-applicant No. 2-Ajay Singh S/o Shri Vikram Singh in FIR No. 187/2014 registered at Police Station Kanota Jaipur vide order dated 17.12.2019 in S. B. Criminal Miscellaneous Bail Application No. 16521/2019 is cancelled. [2025:RJ-JP:6309] (3 of 3) [CRLBC-21/2021] 9. This Court directs that the non-applicant No. 2- Ajay Singh be arrested by the police as a consequence thereupon and bail bond of the non-applicant No. 2 stands forfeited. 10. Registrar(Judicial) is directed to sent a copy of this order to the trial Court for necessary compliance. (SAMEER JAIN),J Pooja /584