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2025 DAILYLAW 6218 (RAJ)

RAJESH S/O SHRI KALYANMAL v. STATE OF RAJASTHAN

CRLMB/1961/2025 · 2025-02-28

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:8858] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.1961/2025 Rajesh S/o Shri Kalyanmal, Aged About 48 Years, R/o Jajora Ki Dhani Tan Asalpur Police Station Jobner District Jaipur Rural (Raj.) (Petitioner Is In Judicial Custody In Sub Jail Sambharlek) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Manish Gupta, Adv. For Respondent(s) For Complainant : : Mr. Shree Ram Dhakar, PP Mr. Ramavtar Bochalya, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 28/02/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.176/2023, registered at Police Station Jobner, District Jaipur (Rural), for the offence(s) under Sections 420, 467, 468, 471, 409 and 120-B of IPC. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is argued that the accused-petitioner has not forged the documents and purchased the property through registered sale deed. The accused-petitioner has not created the forged NOC, the Police has not taken specimen signature of the accused-petitioner for confirming the fact that the said NOC was forged by the accused- petitioner or not. There are no criminal antecedents against the [2025:RJ-JP:8858] (2 of 3) [CRLMB-1961/2025] accused-petitioner, the offences are exclusively triable by Magistrate, the accused-petitioner is in custody since 28.01.2025 and the trial/investigation of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the grant of bail application. It is contended that the accused- petitioner after creating the forged NOC got the property registered in his name. The accused-petitioner is the actual beneficiary of the said land, the said land could not have sold to anyone as the land belongs to Panchayat. It is also contended that the signature of the complainant, who was Sarpanch at that relevant time in the said forged NOC was found to be not of complainant Champa Devi. Thus, it is apparent that the accused- petitioner has created the forged NOC by putting the signature of complainant Champa Devi. It is also contended that the accused- petitioner was evading the proceedings and was arrested after 2 years, the accused-petitioner is also influencing the other co- accused, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case. Considering the fact that the accused-petitioner is behind the bars since 28.01.2024, the matter is exclusively triable by Magistrate. There is no criminal antecedents against the accused- petitioner as per the record submitted by the Police and the trial/investigation of the case may take considerable time, [2025:RJ-JP:8858] (3 of 3) [CRLMB-1961/2025] therefore, I deem it just and proper to enlarge the accused- petitioner on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioner- Rajesh S/o Shri Kalyanmal, in connection with FIR No.176/2023, registered at Police Station Jobner, District Jaipur (Rural), shall be enlarged on bail provided he furnishes 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 his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-263