The court denied bail based on substantial evidence of collusion and deceit among the accused-petitioners in executing forged documents, causing significant financial loss.

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 contended that the petitioner has not forged any document as the petitioner is not the signatory to both the disputed agreements dated 04.11.2023 and 30.01.2024. The petitioner is behind the bars since 26.10.2024 and the charge-sheet has already been submitted, the offences alleged against the petitioner are triable by Magistrate, no recovery of any documents were effected from the accused petitioner, therefore the bail application of the petitioner may also be allowed.

4. It is contended on behalf of the accused petitioner-Shankar Lal that the petitioner-Shankar Lal Sharma did not execute the documents dated 04.11.2023 and 30.01.2024. The petitioner is neither the beneficiary nor caused any wrongful loss to the complainant. The petitioner is a 61 year old person and he has not received any amount from the complainant Hemant Kumar, the petitioner is behind the bars since 03.10.2024 and the charge- sheet has already been produced before the concerned Court, therefore the bail application of the petitioner may also be allowed.

5. It is contended on behalf of the accused petitioner-Ramavtar Sharma that the petitioner Ramavtar Sharma has falsely been implicated in this case. It is further contended that the petitioner has not impersonated himself as Mohan Lal. The petitioner’s Aadhar Card was used by other accused Bhanwar Lal and he in connivance with the other co-accused misused the photo copies of the petitioner’s Identity Card. The petitioner- Ramavtar Sharma did not receive any amount from the complainant, the petitioner is behind the bars since long, trial of the case may take considerable time and the charge-sheet has already been produced before the concerned Court, therefore, the bail application of the petitioner may also be allowed.

6. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the grant of bail applications.

7. It is contended by learned counsel for the complainant that the petitioner-Ramavtar impersonated himself as Mohan Lal and sold the said property to the complainant. The petitioner received Rs.86,70,000/- from the complainant, the other accused petitioner namely- Bhanwar Lal, Shankar Lal and Pooja were also present at the time of execution of the documents. The petitioner-Pooja impersonated herself as Bhuri Devi. It is also contended that Mohan Lal and Bhuri Devi are the original owners, and they in their statement recorded under Section 161 of Cr.P.C. have clearly stated that they have not sold their property to the complainant. It is also contended that all the accused-petitioners were hand in gloves with each other in causing wrongful loss to the petitioner. It is also argued that the petitioner Bhanwar Lal was the kingpin in manipulating all the documents and in the statement of the