Rajasthan High Court Grants Bail in Forgery & Embezzlement Case, Noting Offences are Triable by Magistrate (Sec 483 BNSS)

Rajasthan High Court Grants Bail in Castor Embezzlement Case, Cites Offenses Triable by Magistrate

JODHPUR , RAJASTHAN – The High Court of Rajasthan at Jodhpur on May 13, 2025, granted bail to Ajaypal Singh , an accused in a significant case of conspiracy, forgery, and embezzlement. The bench, presided over by Hon'ble Mr. Justice Chandra PrakashShrimali , allowed the bail application, primarily noting that the alleged offenses are triable by a Magistrate's court.

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Case Background

The petitioner, Ajaypal Singh , was arrested in connection with F.I.R. No. 40/2025 registered at Phalodi Police Station. He faced serious allegations under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNS), including Sections 318(4), 319(2), 316(2), 316(3), 345(3), and 61(2)(A).

The prosecution's case is that Ajaypal Singh , along with other co-accused, orchestrated a sophisticated fraud. They allegedly acquired a truck (Reg. No. GJ-12AT-5473), affixed a forged number plate (Reg. No. GJ-12UA-6302) to it, and used a forged Registration Certificate (RC) and driving license. Using this fraudulent setup, they loaded 320 bags of castor, weighing approximately 23,775 kg, from Maa Sachchiyay Cotex factory. The accused then allegedly sold the castor in a Gujarat market and embezzled the proceeds, causing a substantial financial loss to the complainant.

Arguments in Court

Petitioner's Submissions: Mr. Sanjay Bishnoi, counsel for the petitioner, argued for bail on two main grounds. First, he contended that the offenses leveled against his client, despite the gravity of the allegations, are all triable by a Court of Magistrate. Second, he highlighted that the petitioner has been in judicial custody since February 26, 2025, and with the trial expected to take a considerable amount of time, continued incarceration was not justified.

State's Opposition: The Learned Public Prosecutor, Mr. Hanuman Prajapati, strongly opposed the bail application. He reiterated the details of the alleged conspiracy, emphasizing the use of forged documents and the significant financial loss inflicted upon the complainant. The prosecution argued that the planned nature of the crime warranted denial of bail.

Court's Reasoning and Decision

After hearing arguments from both sides and perusing the case materials, including a factual report dated May 4, 2025, the Court delivered its decision.

Justice Shrimali , in the operative part of the order, stated:

"Having considered the rival submissions, facts and circumstances of the case and considering the fact that the offences alleged to have been committed by the petitioner are triable by court of Magistrate, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail."

The court's decision hinged on the legal principle that the forum of trial is a crucial factor in considering bail. While not commenting on the merits of the case, the fact that the charges would be heard by a Magistrate's court, combined with the period of custody already served, weighed in favor of granting bail.

Consequently, the High Court allowed the bail application under Section 483 of BNSS (equivalent to Section 439 of the old Cr.P.C.). Ajaypal Singh is to be released on furnishing a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each, subject to the satisfaction of the trial court. The release is conditional on his regular appearance before the trial court until the completion of the trial.