Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 7140 (RAJ)

JITENDRA KUMAR S/O SHRI REVA SHANKAR v. STATE OF RAJASTHAN

CRLMB/2266/2025 · 2025-02-11

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:5873] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2266/2025 Jitendra Kumar S/o Shri Reva Shankar, R/o Kagadi Devra, Police Station Kotwali Bundi, At Presently Residies Govind Nagar 3 Devpura Bundi, Police Station Sadar, District Bundi (Raj.). (At Present Lodge At Central Jail Bundi). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sudarshan Kumar Laddha For Respondent(s) : Ms. Arti Sharma, PP Mr. Pradeep Mathur through VC Mr. Paras Jain HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/02/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.96/2023 registered at Police Station Sadar Bundi, District Bundi (Raj.) for the offences punishable under Sections 420, 467, 468, 471 & 120B of IPC. 2. Learned counsel for the accused petitioner submits that petitioner has falsely been implicated in this case. It is submitted that alleged offences are triable by Magistrate. It is submitted that essentially, there is civil dispute between the parties which can only be decided by the Civil Court. It is submitted that an appeal was also preferred by the petitioner with regard to the said property before the Additional Divisional Commissioner and said [2025:RJ-JP:5873] (2 of 3) [CRLMB-2266/2025] appeal was accepted vide order dated 26.10.2006. It is submitted that mutation No.785 was opened in favour of the petitioner on 28.05.2004 which is still in existence. Counsel submits that entire offence is based on documents and same has already been recovered by the investigating agency. There are no criminal antecedents of the petitioner. Charge-sheet has already been filed and trial will take considerable time in its conclusion. Petitioner is in custody since 15.01.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. They submit that false affidavit was furnished by the petitioner before the authority and on that basis mutation was opened in his favour. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that alleged offences are triable by Magistrate; charge-sheet has been filed in this matter and trial will take considerable time in its conclusion; absence of criminal antecedents against the petitioner; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Jitendra Kumar S/o Shri Reva Shankar shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with [2025:RJ-JP:5873] (3 of 3) [CRLMB-2266/2025] two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. 7. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /280