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2026 DAILYLAW 9495 (RAJ)

SHIMBHUDAYAL BHAMA S/O LICHMAN RAM v. THE STATE OF RAJASTHAN

CRLMB/10048/2026 · 2026-07-04

Pramil Kumar Mathur

body2026

Judgment text

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[2026:RJ-JP:24929] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10048/2026 URN: CRLMB / 18663U / 2026 Shimbhudayal Bhama S/o Lichman Ram, Aged About 47 Years, R/o Ward No. 15, Shyol Ji Ki Kui, Ratangarh, Police Station Ratangarh, District Churu (Raj.). (At Present Confined In District Jail Sikar). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ram Narayan (brother of the petitioner) For Respondent(s) : Mr. Vijay Singh Yadav, PP Ms. Manju Dave, PP Mr. Vivek Soni (trustee) HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 04/07/2026 1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.495/2024 registered at Police Station Kotwali Sikar, District Sikar for offences under Sections 420 and 406 of IPC, 1860. 2. Heard Mr. Ram Narayan (real brother of the petitioner) as well as learned Public Prosecutor and perused the material available on record. 3. Mr. Ram Narayan submits that the petitioner has falsely been implicated in this case. It is contended that it is an admitted fact that the petitioner held the office of Treasurer from 2019 to 2024. It is also an admitted position that at the time of issuance of [2026:RJ-JP:24929] (2 of 3) [CRLMB-10048/2026] authority letter dated 07.05.2024 to the Bank, he was duly elected to the post of Treasurer and discharging his duties in that capacity. The only allegation against the petitioner is that he violated Condition No.(9)(c)(iii) of constitution of concerned Trust, which mandates that any withdrawal of funds from the Society's account must be made with the signatures of the Treasurer and the person holding the office of President/Secretary. It is further submitted that the principal accused Ram Kumar was the person, who signed and issued the cheques and withdrew the amounts from the bank. There is no material available on record to infer that the petitioner had signed any of the cheques, withdrawn any amount from the bank, or misappropriated any part of the funds. In the absence of any such material, no culpability can be attributed to the petitioner merely on the basis of the allegations made against him. It is submitted that the matter is exclusively triable by the Magistrate. Petitioner is behind the bars since 06.04.2026 without any criminal past. The trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, consequently, the bail application deserves to be allowed. 4. Learned Public Prosecutor and Mr. Vivek Soni (trustee) appears on behalf of complainant have vehemently opposed the bail application of the petitioner. 5. On consideration of the rival submissions and material available on record and in light of submission made by brother of the petitioner but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. [2026:RJ-JP:24929] (3 of 3) [CRLMB-10048/2026] 6. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner Shimbhudayal Bhama S/o Lichman Ram, be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court on all subsequent dates of hearing till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Chandan/28