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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
Pooja W/O Hari Singh – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. These instant bail applications have been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.226/2024, registered at Police Station Sadar Jaipur, District Jaipur (West), for the offence(s) under Sections 384, 406, 416, 419, 420, 467, 468, 471, 506 and 120-B of IPC.
2. It is contended on behalf of the accused petitioner-Pooja that the petitioner has falsely been implicated for the offences under Section 384, 406, 416, 419, 420, 467, 468, 471, 506 and 120-B of IPC. It is argued that for the offence under Section 419 of IPC maximum punishment provided is of three year. The petitioner is behind the bars since 09.10.2024 and the charge-sheet has already been produced before the concerned Court. It is also contended that the petitioner-Pooja is neither the beneficiary nor caused any wrongful loss to anyone. The petitioner was not aware about the transactions, therefore, the bail application of the petitioner-Pooja may be allowed.
3. It is contended on behalf of the accused petitioner-Bhanwar Lal Sharma that the petitioner-Bhanwar Lal Sharma has falsely been implicated in this case. It is also
The court denied bail based on substantial evidence of collusion and deceit among the accused-petitioners in executing forged documents, causing significant financial loss.
The court determined that insufficient evidence against the accused, alongside prolonged custody, justified granting bail despite prior similar allegations.
The court emphasized that serious allegations of forgery and cheating warrant denial of bail, especially when they undermine the integrity of recruitment processes.
Point of Law : Grant of Bail - Petitioners are permanent residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice.
Criminal proceedings are not meant for recovery of disputed dues; the presumption of innocence underlies the decision to grant bail when no risk of flight or witness tampering is established.
Bail should not be withheld as a pre-trial punishment – Criminal Court, exercising jurisdiction to grant of bail or anticipatory bail is not expected to act as a recovery agent to realize dues of com....
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