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2025 DAILYLAW 9467 (RAJ)

PAWAN S/O RAMESHWAR v. STATE OF RAJASTHAN

CRLMB/3141/2025 · 2025-03-28

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:14467] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.3141/2025 Pawan S/o Rameshwar, R/o 12, Raj Vihar Colony, Gandhipath Road, Panchyawala, Jaipur Presently Residing Plot No.A-20, Santosh Vihar, Paldi Meena, Jaipur, Police Station Jamdoli, Jaipur East. (Confined In Jail Jaipur East) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta, Adv. Mr. Rahul Sharma, Adv. For Respondent(s) For Complainant : Mr. Amit Kumar Gupta, PP Ms. Nandini Chaturvedi, Adv. For Mr. Prashant Chaturvedi, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 28/03/2025 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.576/2024, registered at Police Station Ramnagariya, District Jaipur City (East), for the offence(s) under Sections 337, 338, 336(3), 316(2) and 61(2)(a) of B.N.S. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is alleged against the accused-petitioner that on the pretext of providing plot to the complainant, the accused-petitioner received Rs.55,00,000/- form the complainant. It is contended that the accused-petitioner never received any amount from the [2025:RJ-JP:14467] (2 of 3) [CRLMB-3141/2025] complainant, there are no receipt to the fact that the accused- petitioner has received Rs.55,00,000/- from the complainant and promised to provide him plot. It is also contended that no agreement was ever executed between the accused-petitioner and the complainant and no agreement was recovered from the possession of the accused-petitioner and neither the complainant has submitted any agreement. It is also contended that in the pending case shown against accused-petitioner, Police has proposed the Final Report. The accused-petitioner is in custody since 21.02.2025 and the matter is exclusively triable by Magistrate and the trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the grant of bail application. Learned Public Prosecutor has submitted the factual report, the same is taken on record. It is contended by learned counsel for the complainant that on the pretext of providing plot to the complainant, the accused- petitioner has received Rs.55,00,000/- from the complainant. It is further contended that the accused-petitioner is a habitual offender and against him another case under Sections 420, 467, 468 and 120-B of IPC is pending, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case. Considering the fact that the accused-petitioner is in custody since long, the matter is exclusively triable by Magistrate and trial [2025:RJ-JP:14467] (3 of 3) [CRLMB-3141/2025] of the case may take considerable time, therefore, 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- Pawan S/o Rameshwar, in connection with FIR No.576/2024, registered at Police Station Ramnagariya, District Jaipur City (East), 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 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 /-195