HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1903/2025 1. Hariom Lata S/o Babulal Sharma, Aged About 51 Years, R/o Randhirgarh, P.s. Bhusawar, District Bharatpur At Present R/o Banshi Vihar Colony, Near Vidhyapeeth, Kasba Bhusawar, District Bharatpur. 2. Pramod Kumar Pandey S/o Radheshyam Pandey, Aged About 35 Years, R/o Near New Post Office, Kasba Bhusawar, P.s. Bhusawar, District Bharatpur (Raj.) (Both At Present Confined In Sub Jail Bayana District Bharatpur) ----Petitioners Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Umashankar Pandey For Respondent(s) : Mr. Shree Ram Dhakar, PP Mr. Pallav Choudhary HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/02/2025 The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No. 516/2020 registered at Police Station Bhusawar, District Bharatpur for the offence under Sections 420, 467, 468, 471 and 120-B of IPC. Learned counsel for the petitioners submits that the accused petitioners have falsely been implicated in this case. It is argued that Prem Singh executed an agreement to sale with Dulari Devi. It is further contended that petitioners are not the beneficiary, they have simply attested the agreement to sale. It is also contended (2 of 3) [CRLMB-1903/2025] that agreement to sale is a valid document, the complainant after execution of agreement, sold the property. The said property was again sold to some other person namely Puranmal through registered sale deed. The accused-petitioners are not beneficiary to the agreement to sale. It is also contended that Prem Singh genuinely executed the document in favour of Dulari Devi and civil suit is also pending against Prem Singh who has recently expired. Apart from one case, there are no other criminal antecedents against the petitioners. Counsel further submits that offences alleged to have been committed by the petitioner are triable by Magistrate. The accused-petitioner is in custody since 25.01.2025 and the trial of the case may take considerable time, therefore, the petitioners may be enlarged on bail. Per contra, learned Public Prosecutor and learned counsel for the complainant have opposed the grant of bail application. It is contended that document executed in the favour of Dulari Devi is forged. Dulari Devi filed the criminal case against the Prem Singh and in that case after thorough investigation it was found that the agreement executed in the favour of Dulari Devi was forged. FSL report in that case shows that no agreement was executed by Prem Singh. It is also contended that in the agreement to sale it is narrated that Rs. 16,00,000/- (16 Lakh) were transferred in favour of Prem Singh, no such transaction took place. The petitioner in connivance with the Dulari Devi signed the attested agreement to sale, knowingly the fact that Prem Singh has not executed the agreement to sale, matter is still under investigation, therefore, bail application of the petitioners deserves to be dismissed. (3 of 3) [CRLMB-1903/2025] Heard and perused the material available on the record. Considering the fact that the present accused-petitioners are not actual beneficiary to the agreement to sale, furthermore the case of the petitioners is triable by Magistrate. Trial of the case will take considerable time, apart from one case registered for the offence under Section 323, 341 and 504, of IPC there are no other criminal case pending against the petitioners, therefore, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioners Hariom Lata S/o Babulal Sharma and Pramod Kumar Pandey S/o Radheshyam Pandey, in connection with FIR No. 516/2020 registered at Police Station Bhusawar, District Bharatpur shall be enlarged on bail provided each of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu/245