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2025 DAILYLAW 6251 (RAJ)

MAHSOOB ALIAS MEHSOOB S/O MEHBOOB v. STATE OF RAJASTHAN

CRLMB/1976/2025 · 2025-03-12

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:11627] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1976/2025 Mahsoob Alias Mehsoob S/o Mehboob, Aged About 36 Years, R/o Pelawali Mohalla Hasanpur Luhari Police Station Bhawan District Shamli (Uttar Pradesh). (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 12/03/2025 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.152/2021, registered at Police Station Bhawani Mandi, District Jhalawar, for the offence(s) under Sections 420 and 406 of IPC. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated for the offences under Section 420, 406 and 120-B of IPC. It is contended that the alleged recovery of misappropriated goods were effected from the other accused Parvej and not from the present petitioner. The accused-petitioner is in custody since 25.01.2025 and the matter is exclusively triable by Magistrate. The other co-accused Sajid [2025:RJ-JP:11627] (2 of 3) [CRLMB-1976/2025] has already been enlarged on bail by the Court, therefore, considering the nature of allegations, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. 4. Heard and perused the factual report and the case diary. 5. It is alleged in the complaint that oranges were loaded in the truck bearing No.UP-12-AT-6403 by the complainant and the said oranges were to be delivered in Basti Uttar Pradesh. The delivery of oranges were not made by the truck driver, and the owner and the truck driver switched off their mobile phones. The Police conducted the investigation and after investigation it was concluded that the truck belongs to the other co-accused Sajid. The other co-accused Parvej could not be arrested and against him charge-sheet under Section 299 of Cr.P.C., has been submitted. No recovery of any misappropriated goods were effected from the present petitioner, therefore considering the above facts, without expressing anything on the merits of the case, 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- Mahsoob Alias Mehsoob S/o Mehboob, in connection with FIR No.152/2021, registered at Police Station Bhawani Mandi, District Jhalawar, 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 [2025:RJ-JP:11627] (3 of 3) [CRLMB-1976/2025] 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 /-332