Rajasthan High Court – Jodhpur
Mahendra Kumar vs State Of Rajasthan (2025:Rj-Jd:26834) on 5 June, 2025
[2025:RJ-JD:26834]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6168/2025
Mahendra Kumar S/o Paburam, Aged About 29 Years, R/o Kudsu
Bajju, Bikaner, District Bikaner, Rajasthan (Presently Lodged At
Pali Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Swaroop Singh
For Respondent(s) : Mr. H.S. Jodha, P.P.
HON'BLE MR. JUSTICE SANDEEP SHAH (VACATION JUDGE)
Order
05/06/2025
1. This application for bail under Section 439 Cr.P.C. has been
filed by the petitioner who have been arrested in connection with
F.I.R. No.97/2025 registered at Police Station Rani, District Pali for
offences punishable under Sections 318(4), 316(2) of the BNS.
2. Heard learned counsel for the petitioners and learned Public
Prosecutor and perused the material available on record.
3 Learned counsel for the petitioner submitted that the
offences alleged to have been committed by the petitioner are
triable by a Court of Magistrate. It is further submitted that the
petitioner and the complainant are known to each other, and there
have been monetary transactions between them on various
occasions. The allegation of cheating alleged against the petitioner
is stated to be false. It is also submitted that no recovery has
been effected from the petitioner. It is submitted that the
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petitioner is in judicial custody since 03.05.2025 and the trial of
the case will take sufficiently long time, therefore, the benefit of
bail should be granted to the accused-petitioner.
3 Per contra, the learned Public Prosecutor has opposed the
bail application and submitted that the petitioner has cheated the
complainant and misappropriated a sum of Rs.12,91,500/-.
therefore, the petitioner is not entitled to the grant of bail.
4. Having considered the rival submissions, perused the record
of the case, and taking into account the fact that the offences
alleged to have been committed by the petitioner are triable by a
Court of Magistrate and no recovery has been effected from the
petitioner, without expressing any opinion on merits/demerits of
the case, this Court is of the prima facie opinion that the bail
application filed by the petitioner deserves to be accepted.
5. Consequently, the bail application under Section 439 Cr.P.C.
is allowed. It is ordered that the accused-petitioner Mahendra
Kumar S/o Paburam arrested in connection with F.I.R. No.97/2025
registered at Police Station Rani, District Pali shall be released on
bail, if not wanted in any other case, provided each of them
furnishes a personal bond of Rs.50,000/- and two sureties of
Rs.25,000/- each, to the satisfaction of learned trial court, for
their appearance before that court on each & every date of
hearing and whenever called upon to do so till completion of the
trial.
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7. It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
(SANDEEP SHAH (VACATION JUDGE)),J
44-Taruna/-
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