[2025:RJ-JD:22069]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2597/2025 Madan Lal S/o Ghewar Chand, Aged About 43 Years, R/o 612, Fondaro Ka Bas, Nadol, Tehsil Desuri, Dist Pali (Raj)

(Lodged In Sub Jail, Bali)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manohar Singh Mr. Vikram Singh For Respondent(s) : Mr. Lalit Kishor Sen, PP HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI

Order

07/05/2025 This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.03/2025, registered at Police Station Rani, District Pali for offences under Sections 420, 406 and 120-B of the IPC.

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

Learned counsel for the petitioner submits that as per the prosecution story, the allegations levelled against the accused- petitioner are to the effect that he hatched a conspiracy in fradulently transferring the alleged land of the complainant. The accused-petitioner gained her trust by claiming to assist her in registering her deceased son’s property in her name and accordingly obtained her signature on the forged document by concealing the material facts from her. It is further alleged that the consideration received by the complainant amounts to Rs.25,00,000/- only whereas the actual consideration should have been Rs.91,16,250/-. Learned counsel further submits that the petitioner has been falsely implicated in the present case and the charges levelled against him are solely based on the fact that he was a witness to the sale deed executed between the complainant and the present petitioner. Learned counsel submits that the offences alleged to have been committed by the petitioner are triable by court of Magistrate and the charge-sheet has already been filed. Learned counsel further submits that the petitioner is in judicial custody since long and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application and stated that the petitioner alongwith the co-accused has committed fraud in transferring the land of the complainant in their favour. The bank pass book and the cheque book of the complainant were in the possession of accused-petitioner. Moreover, the accused-petitioner has prior criminal antecedents of similar nature.

Having considered the rival submissions as well as facts and circumstances of the case; and considering the fact that as per the statement given by complainant’s grandson Praveen under Section 180 BNSS, his grand mother accepted the fact that she had sold her land to Maga Ram who is one of the co-accused for Rs.60,000/- per bigha for a total consideration of Rs.25,00,000/- along with the promise that two free water hut will be installed on the said land; and considering the fact that the present petitioner is not a direct beneficiary to any of the fraudulent transaction, therefore, expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 483 of BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner Madan Lal S/o Ghewar Chand arrested in connection with F.I.R. No.03/2025 registered at Police Station Rani, District Pali, 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.

(CHANDRA PRAKASH SHRIMALI),J

85-minki/-