Bail can be granted when investigation is complete and co-accused have received bail, despite serious allegations.

ORDER :

(KULDEEP MATHUR, J.)

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.116/2024 registered at Police Station Savina, District Udaipur, for the offences under Sections 447 , 468 , 420 , 406 & 120- B of IPC.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submitted that the co- accused Suresh has already been enlarged on bail by the competent Criminal Court. Learned counsel submitted that as per the prosecution, a plot No. 132 situated in Roop Rajat Nagar Yojana, Udaipur was got registered by the petitioner and co-accused persons in the name of another co-accused Jitendra on the basis of fabricated and false power of attorney. Learned counsel for the petitioner further contended that the other co- accused persons namely Dinesh Kumar Patel, Ganga Devi, Mani Devi Patel, Jitendra Kumar Patel and Mohammed Asif have challanged the present FIR by way of filing the criminal misc. petitions and a co-ordinate Bench of this Court vide order dated 09.01.2025 was pleased to grant interim protection and ordered that the above named co-accused persons shall not be arrested in connection with the F.I.R. No.116/2024 registered at Police Station Savina, District Udaipur. Learned counsel submitted that a bonafide civil dispute between the parties has been given the colour of criminal offences. Learned counsel further submitted that the offences alleged to have been committed by the petitioner are triable by court of Magistrate.

4. 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.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that looking to the seriousness of allegations levelled against the present petitioner, the petitioner does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that the investigation against the present petitioner has already been completed and the offences alleged to have been committed by the petitioner are triable by court of Magistrate. He was also not in a position to refute the fact that the co-accused Suresh has already been enlarged on bail by the competent Criminal Court and the other co-accused persons namely Dinesh Kumar Patel, Ganga Devi, Mani Devi Patel, Jitendra Kumar Patel and Mohammed Asif have already been granted interim protection by the co-ordinate Bench of this Court.

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

7. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Sajjan Singh S/o Daulat Singh arrested in connection with F.I.R. No.116/2024 registered at Police Station Savina, District Udaipur 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.

8. 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.