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2025 Supreme(RAJ) 488

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
LAXMAN DAS @ PAPPU – Appellant
Versus
STATE OF RAJASTHAH – Respondent
CRLMB / 16083 / 2024



Advocates:
Mr. Anil Bidan Halu, Mr. Lalit Kishore Sen, PP, Mr. Gyan Jyoti Gupta for complainant

The court granted bail based on the completion of the investigation and the civil nature of the allegations, emphasizing that the charges are triable by a Magistrate.

Headnote:(A) Indian Penal Code, 1860 - Sections 420, 406, and 120-B - Bail application - Petitioner arrested for fraudulently selling property belonging to complainant’s daughter-in-law - Allegations deemed to be civil in nature, colored as criminal offences - Investigation complete, offences triable by Court of Magistrate - Bail granted with conditions. (Paras 1-8)

(B) Bail - Principles governing bail - Consideration of the nature of allegations and the stage of investigation - Court may grant bail if the accused is not wanted in any other case and the trial is likely to take a long time. (Paras 5-7)

Facts of the case:
The petitioner is accused of selling a house under fraudulent pretenses using documents secured as collateral for a loan. The petitioner claims false implication and argues that the matter is civil, not criminal.

Findings of Court:
The court agreed to grant bail, emphasizing the completion of the investigation and the nature of the allegations being triable by a Magistrate.

Issues: The main issue was whether the allegations warranted bail given their nature and the completion of the investigation.

Ratio Decidendi: The court found that the nature of the allegations and the completion of the investigation justified the granting of bail, without prejudicing the trial court's future decisions.

Result: Bail application allowed.

Order :

1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.413/2023 registered at Police Station Kotwali Ganganagar, Dist. Sri Ganganagar, for the offences under Sections 420, 406 and 120-B of IPC.

2. Heard learned counsel for the parties at Bar. Perused the material available on record.

3. Learned counsel for the petitioner submitted that the allegation against the present petitioner is that he had fraudulently sold the house of the complainant’s daughter-in-law, by using the documents which were handed over to him as security against the amount borrowed by her.

4. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. It was also submitted that the offences alleged to have been committed by the petitioner are triable by Court of Magistrate and a pure civil dispute between the parties has been given the color of criminal offences.

5. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

6. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application. However, they were not in a position to refute the fact the investigation against the petitioner has already been completed and the offences alleged to have been committed by the petitioner are triable by Court of Magistrate.

7. Having considered the rival submissions, facts and circumstances of the case and without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

8. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Laxman Das @ Pappu S/o Rajaram arrested in connection with F.I.R. No.413/2023 registered at Police Station Kotwali Ganganagar, Dist. Sri Ganganagar, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

9. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

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