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2025 Supreme(Online)(Raj) 18781

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
PRAVEER BHATNAGAR
SUKHDEV SHARMA S/O SHRI MATHURA PRASAD SHARMA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 11756 / 2025



HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11756/2025 Sukhdev Sharma S/o Shri Mathura Prasad Sharma, Aged About 32 Years, R/o Gram Nyabaas Nadbai, Police Station Nadbai, District Bhartpur, At Presently Residies -364-A, Krishi Nagar, Toll Tax, Pratapnagar, Police Station Malpura Gate, District Jaipur East. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Malwal For Respondent(s) : Mr. Shri Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

25/09/2025

1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 22/2024 registered at Police Station Shastri Nagar, Jaipur City (North) for the offences under Sections 420, 406, 467, 468, 471 & 120-B of IPC.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is alleged against the petitioner that he forced the complainant to enter into the sale deed with the other co-accused Ashok Kumar. It is contended that the entire consideration was paid to Ashok Kumar and Ashok Kumar sold the said property to the complainant. In the sale deed, the petitioner is not the signatory, prima-facie no offence is made out against the petitioner. The accused-petitioner is in custody since 05.08.2025 and the trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

3. Learned Public Prosecutor has vehemently opposed the grant of bail application and contended that the petitioner compelled the complainant to enter into a sale deed with co-accused Ashok Kumar and petitioner was aware of the fact that the said splot has already been sold by co-accused Ashok Kumar to some other person. The accused-petitioner in connivance with the other co- accused Ashok Kumar caused wrongful loss to the complainant and wrongful gain to themselves. It is also contended that the accused-petitioner is a habitual offender and against him similar nature of 3 cases are already pending, therefore, the bail application of the accused-petitioner may be dismissed.

4. Heard and perused the material available on record.

5. Considering the fact that the Registry was executed by co- accused Ashok Kumar and not by the petitioner and the entire consideration amount was also paid to the co-accused Ashok Kumar, therefore, this Court deems it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Sukhdev Sharma S/o Shri Mathura Prasad Sharma, in connection with FIR No. 22/2024 registered at Police Station Shastri Nagar, Jaipur North (Raj.) 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 and as and when called upon to do so.

7. The accused is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner on the same day to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court.

8. A copy of this order shall be sent to the concerned SHO for its strict compliance.

(PRAVEER BHATNAGAR),J ANAND TANWAR /135

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