HARISH SHARMA S/O LATE SHRI TEJRAM SHARMA v. STATE OF RAJASTHAN
CRLMB/2352/2025 · 2025-05-22
Pramil Kumar Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7234 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7234 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:21687] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2352/2025 Harish Sharma S/o Late Shri Tejram Sharma, R/o House No. C- 161, Bahubali Path, Shyam Nagar, Police Station Shyam Nagar, Jaipur (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Brahma Nand Sandu Mr. Parth Sarthi Sandu For Respondent(s) For Complainant(s) : : Mr. Naresh Kumar Gupta, PP with Mr. Shubham Sain, AAAG Mr. Abhimanyu Singh Yaduvanshi HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 22/05/2025
1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.00416/2023 registered at Police Station-Shyam Nagar, District-Jaipur City (North) for offences under Sections 420 and 406 of IPC.
2. Heard learned counsel for the petitioner, learned Public Prosecutor as well as counsel for the complainant and perused the material available on record.
3.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. This is a case of civil nature but it has been given a colour of criminal offence. He further submits that though allegation of forgery exists as per FIR but during investigation no document was sent for FSL examination and no FSL report has been obtained. He further
[2025:RJ-JP:21687] (2 of 3) [CRLMB-2352/2025] submits that though several criminal cases against the petitioner are pending but in some cases negative final report have been presented and in two to three cases compromise has been arrived at between the parties and in three cases cross-FIR has been registered. In remaining cases the petitioner has been bailed out. The offences are triable by a Magistrate. He further submits that another co-accused Kavita Sharma has already been enlarged on bail by the trial court. The petitioner is behind the Bar since
06.01.2025. Charge-sheet has been filed. The trial of the case may take considerable time, hence the bail application of the petitioner may be allowed.
4.
Learned counsel for the complainant and Public Prosecutor have 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, especially the fact that the matter relates to sale of land 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-Harish Sharma S/o Late Shri Tejram Sharma 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.
[2025:RJ-JP:21687] (3 of 3) [CRLMB-2352/2025]
7. Further, petitioner is directed to mark his presence fortnightly in every month before the concerned SHO, Police Station Shyam Nagar, Jaipur till conclusion of the trial.
8. Concerned SHO is directed to maintain a register for this purpose. In case the petitioner fails to marks his presence in the concerned Police Station as directed above, the concerned SHO is
directed to immediately report the matter to the concerned Court in this regard.
9. If breach of any of the directions is reported or come to the notice of the Court the same shall alone be a reason for the trial Court to cancel the bail granted to the petitioner by this Court.
(PRAMIL KUMAR MATHUR),J sunita/78