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2025 DAILYLAW 6248 (RAJ)

SURESH BAIRWA S/O SHRI KISHANLAL v. THE STATE OF RAJASTHAN

CRLMB/1946/2025 · 2025-05-09

Pramil Kumar Mathur

body2025

Judgment text

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[2025:RJ-JP:19664] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1946/2025 Suresh Bairwa S/o Shri Kishanlal, Aged About 33 Years, R/o Village Palri Parsa, Tehsil Sanganer, Dist. Jaipur (Raj.) Presently R/o House At Kumawato Ki Dhani, Kapurwala, P.S. Muhana, Dist. Jaipur South, (Raj.) (At Present In Central Jail Jaipur) ----Petitioner Versus The State Of Rajasthan, Through Its Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Siddhant Choudhary Mr. Harshit Bhatt For Respondent(s) : Mr. Vivek Choudhary, PP Mr. Aditya Joshi for Mr. Vikas Sharma HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 09/05/2025 1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.0641/2024 registered at Police Station-Muhana, District-Jaipur City (South) for the offences under Sections 420 and 406 of IPC. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that in this matter FIR has been registered by the complainant-Ramesh Chand Bairwa, who has purchased the agricultural land from the petitioner through the registered sale deed. Thereafter, complainant has sold this property to Rambabu Sankhla and then [2025:RJ-JP:19664] (2 of 2) [CRLMB-1946/2025] Rambabu Sankhla started construction on that property. Thereafter, he came to know that the above property has been sold twice to different persons. Learned counsel further submits that the complainant is not the owner, in fact he has sold the disputed land to the other person-Ram Babu Sankhla, thereafter he has no locus to lodge FIR. The petitioner is behind the Bar since 22.01.2025. Charge-sheet has been filed. The trial of the case may take considerable time, hence the bail application of the petitioner may be allowed. In support of his contention, learned counsel has submitted the case of Md Ibrahim & Ors. Vs. State of Bihar & Anr. reported in 2010(2) CriLJ 2223. 4. Learned Public Prosecutor has vehemently opposed the bail application. 5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. 6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioner-Suresh Bairwa S/o Shri Kishanlal shall be released on bail on his furnishing 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 court for his appearance before that Court on all the dates till conclusion of the trial. (PRAMIL KUMAR MATHUR),J sunita/189