[2025:RJ-JP:51189]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 16386/2025

Kailash Chandra Modani S/o Late Shri Laduram Modani, Aged About 66 Years, R/o House No. C-491, Nirman Nagar, Police Station Shyam Nagar, Jaipur (At Present Lodged In Central Jail

Jaipur).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. V. R. Bajwa, Senior Counsel with

Ms. Savita Nathawat, Adv.

For Respondent(s) : Ms. Arti Sharma, PP

Mr. Rajeev Bhushan Bansal, Adv.

Ms. Ritu Bansal, Adv.

HON'BLE MR. JUSTICE ANAND SHARMA

Order

18/12/2025

1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.533/2025 registered at Police Station Shyam Nagar, District Jaipur City (South) for the offence punishable under Sections

318(4), 316(2), 61(2) of B.N.S.

2. Learned Senior Counsel appearing for the petitioner submits that in the FIR lodged by the complainant against the petitioner, it has been alleged that while executing one agreement dated 28.04.2025, fraud and cheating has been committed by the petitioner and on the basis of fake agreement, advance amount of Rs.5 Crores has been taken, whereas the land in question was not

in khatedari of the petitioner.

3. Learned Senior Counsel for the petitioner further submits that the terms of agreement dated 28.04.2025 executed by the petitioner with the complainant is explicitly clear, in which in clause No.19, it has been mentioned that only after execution of registered sale deed in favour of Golden Real Tech Pvt. Ltd., sale deed shall be executed in favour of the complainant. Thus, the agreement was signed with open eyes by the complainant. Learned counsel while referring the order dated 03.12.2025 passed by learned trial Court in bail application No.210/2025 submits that the amount of Rs.5 Crores received by the petitioner has further been transferred/paid to Golden Real Tech Pvt. Ltd. and its authorised persons. Learned Senior counsel further submits that even otherwise on occurrence of dispute, cheques were issued by the petitioner in favour of the complainant, however, on account of paucity of funds, they could not be honoured, however, amount of Rs.87 lacs has actually been repaid by the petitioner to the complainant.

4. Learned Senior counsel further submits that in entirety the dispute is civil in nature, which has been maliciously criminalized by the complainant. Petitioner is behind the bars since 26.11.2025 and the offences alleged against the petitioner are triable by Magistrate. Hence, a prayer has been made to grant bail to the petitioner.

5. Learned counsel for the complainant as well as learned Public Prosecutor have vehemently opposed this bail application.

6. Learned counsel for the complainant submits that right from the inception the intention of the petitioner was to cheat the complainant as in the agreement dated 28.04.2025 executed with the petitioner, although, there is a reference that already the petitioner was having an agreement with M/s Golden Real Tech Pvt. Ltd., however, on that date, he was neither having any agreement with the aforesaid company nor was having any khatedari rights over the land in question, yet the petitioner has illegally induced the complainant for entering into agreement and has thereby snatched his hard earned money of Rs.5 Crores.

7. Having considered the submissions made by learned Senior Counsel for the petitioner and learned Public Prosecutor as well as learned counsel for the complainant, and after examining the terms of agreement as well as the fact that the terms of the agreement are apparently clear and the fact that the signature over the agreement has not been disputed by the complainant and the amount received by the petitioner from complainant, as per the agreement has already been transferred in favour of M/s Golden Real Tech Pvt. Ltd. or its authorised person, prima facie the dispute between the parties is in re