The court determined that insufficient evidence against the accused, alongside prolonged custody, justified granting bail despite prior similar allegations.

Order :

1. The instant bail application has been filed under Section 483 BNSS on behalf of the accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.1395/2023 registered at Police Station Muhana, District Jaipur City (South) for the offence(s) under Sections 420, 467, 468, 471, 384, 427, 455 and 120B of IPC.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the Police after investigation, charge-sheeted the accused-petitioner for the offences under Sections 420, 467, 468, 471, 120B and 406 of IPC. It is also contended that the complainant filed an FIR containing the fact that two person came at his plot and demolished the structure, two persons named in the FIR have been exonerated by the Investigating Agency. It is also contended that there is nothing available on record indicating that the accused-petitioner has forged any document. In the investigation also, the police has not obtained the so-called forged documents. It is also concluded by the Investigating Agency that the accused-petitioner in collusion with Babu Lal Choudhary and Pramod Aggarwal created Patta of the said plot. In the charge- sheet, it is also mentioned that the President of Nav Bharat Grah Nirman Sahakari Samiti Limited, Jaipur has died. The allegations in the charge-sheet for forging the documents are against Babu Lal Choudhary and Pramod Aggarwal. It is also contended that the petitioner's bail application was dismissed by the Court below solely on the ground that the accused-petitioner was involved in two other cases of similar nature and that can not be a ground to dismiss the bail of the accused-petitioner. The matter is exclusively triable by Magistrate, the accused-petitioner is in custody since 20.11.2024 and trial of the case will take considerable time, therefore, the bail may be granted to the accused-petitioner.

3. Learned Public Prosecutor has vehemently opposed the bail application and submitted the factual report dated 14.01.2025, same is taken on record.

4. Heard and perused the material available on record.

5. Considering the arguments advanced by counsel for the parties and looking to the fact that in the charge-sheet, the role of the accused-petitioner is not specifically mentioned. It is mentioned that he is in collusion with Babu Lal Choudhary and Pramod Aggarwal, forged the documents of Shop No.6 and Plot No.1, the said documents which are allegedly forged is not available on record, therefore, considering the above facts and without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, this bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Rambabu Choudhary S/o Shri Kishan Lal in connection with FIR No.1395/2023 registered at Police Station Muhana, District Jaipur City (South), shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.