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2025 DAILYLAW 6984 (RAJ)

BRIJLAL BHAVNANI S/O TIRATHDAS BHAVNANI v. STATE OF RAJASTHAN

CRLMB/2200/2025 · 2025-05-23

Pramil Kumar Mathur

body2025

Judgment text

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[2025:RJ-JP:21879] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2200/2025 Brijlal Bhavnani S/o Tirathdas Bhavnani, Aged About 53 Years, R/o Sindhi Mohalla, Ward No. 22, Hanumangarh Town, Police Station Hanumangarh Town, District Hanumangarh, At Present House Of Smt. Sushila Verma, Jawahar Nagar, Gali Number One, House No. 02, Hanumangarh Town, Police Station Hanumangarh Town, District Hanumangarh (Rajasthan) (At Present In District Jail, Sikar) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ripu Daman Singh Naruka For Respondent(s) For Complainant : : Mr. Shree Ram Dhakar, PP with Mr. Shubham Kumar Sain, AAAG Mr. Sanjay Khedar HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 23/05/2025 1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.38/2020 registered at Police Station-Dadiya, District-Sikar for the offences under Sections 420 and 406 of IPC and Sections 3, 4 and 5 of Prize Chit Fund & Money Circulation (Banning) Act, 1978. 2. Heard learned counsel for the petitioner, learned Public Prosecutor and counsel for the complainant and perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner [2025:RJ-JP:21879] (2 of 3) [CRLMB-2200/2025] has falsely been implicated in this case. Counsel further submits that this is a case of civil nature with allegation of not returning invested money, which has been given the colour of criminal litigation. Petitioner is not the owner of alleged company though the alleged company was owned by his brother Tulsidas and Udhavdas and being the younger brother of prime accused Tulsidas and Udhavdas, he has been implicated on false and concocted ground. The role of the accused-petitioner is very limited, and he was merely an attesting witness to the partnership deed. Petitioner is behind the bars since 27.01.2025. Charge- sheet has been filed. The case is triable by Magistrate and trial of the case may take considerable time, hence the bail application of the petitioner may be allowed. 4. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant submitted that there are two other cases pending against the petitioner and this is a scam at State level, therefore, no concession be allowed to the petitioner. 5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, especially the arguments advanced before me and custody period but 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-Brijlal Bhavnani [2025:RJ-JP:21879] (3 of 3) [CRLMB-2200/2025] S/o Tirathdas Bhavnani 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 Arun/362