Rajasthan High Court – Jodhpur
Ameet Kumar vs State Of Rajasthan (2025:Rj-Jd:30795) on 14 July, 2025
[2025:RJ-JD:30795] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1016/2025 1. Methi Devi @ Mehto W/o Late Ramlalji, Aged About 78 Years, R/o Miyawara Bera, Bhadras Road, Sadri District - Pali, Raj 2. Jamna W/o Late Heeralalji, Aged About 73 Years, R/o Miyawara Bera, Bhadras Road, Sadri, District - Pali, Raj ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2868/2025 Ameet Kumar S/o Late Shri Ramesh, Aged About 41 Years, R/o Sadri, Tehsil Desuri, District - Pali, Raj. ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent S.B. Criminal Miscellaneous Bail Application No. 3567/2025 Mooli Bai W/o Late Shri Ramesh, Aged About 60 Years, R/o Miyawara Bera, Bhadras Road, Sadri, District - Pali, Raj. ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Naman Mohnot For Respondent(s) : Ms. Sonu Manawat, Public Prosecutor Mr. Aslam Khan for Mr. Zeeshan Ali for the complainant HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
14/07/2025
These anticipatory bail applications under Section 482 of the
BNSS (438 Cr.P.C.) have been filed by the petitioners
apprehending their arrest in connection with FIR No.58/2021,
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Police Station Sadri, District – Pali for the offences under Sections
420, 467, 468, 471 & 120-B of the IPC.
Heard the learned counsel for the petitioners, learned Public
Prosecutor and the learned counsel for the complainant. Perused
the material available on record.
Learned counsel for the petitioners submits that the
complainant parties and the petitioners are close relatives and
their relationship is such that (i) Late Shankar Lal, who was the
father of complainant-Bharat and husband of complainant’s
mother-Kamla; (ii) Late Ramlal, who was the husband of
petitioner-Methi Devi @ Metho; (iii) Late Heera Lal, who was the
husband of petitioner-Jamna; and (iv) Late Ramesh Kumar, who
was the husband of petitioner-Mooli Bai and father of petitioner-
Ameet Kumar, were real brothers.
It is submitted that the complainant alleged in the FIR that
the father and husband of the petitioners viz. Late Ramlal, Late
Heera Lal and Late Ramesh Kumar in connivance with the then
Patwari Mangilal manipulated the revenue record and obtained a
decree in the year 2006, thereby removing the name of
complainant’s father Late Shankar Lal from the ancestral property.
It is further alleged that the matter was amicably settled in the
year 2019 by mutual consent, with an assurance that the share of
land belonging to the complainant party would be given to them
by the petitioners; however, the petitioners failed to act in
accordance with the settlement entered into between the parties.
It is also submitted that for the same acquisition, the mother
of the complainant filed an FIR on 04.08.2019, in which, the
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police, after thorough investigation, filed negative final report on
30.11.2019 while concluding that the dispute in between the
parties are of civil nature.
In furtherance to the above, learned counsel for the
petitioners has drawn attention of this Court towards the orders
dated 27.01.2025, 12.03.2025 and 26.03.2025 and submitted
that a Coordinate Bench of this Court vide above orders while
issuing notices to the respondents granted interim protection on
the arrest of the petitioners. It is further submitted that in
compliance of the orders dated 27.01.2025, 12.03.2025 and
26.03.2025, the petitioners have appeared before the
Investigation Officer and joined the investigation.
Learned Public Prosecutor as well as learned counsel for the
complainant have vehemently opposed the prayer for anticipatory
bail. They submit that although a civil suit was rejected, but the
petitioners have cheated the complainant and for that the FIR was
registered against them.
Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced at the bar,
considering that the matter relates to a civil dispute between the
close relatives and in the earlier FIR, a negative final report was
filed, the petitioners are in judicial custody and the
investigation/trial will take significant time, this Court is of the
opinion that it is a fit case for grant of anticipatory bail to the
petitioners under Section 482 of the BNSS (Section 438 Cr.P.C).
Accordingly, these bail applications are allowed and it is
directed that in the event of arrest of petitioners- (1) Methi Devi
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@ Mehto W/o Late Ramlalji, (2) Jamna W/o Late Heeralalji,
(3) Ameet Kumar S/o Late Shri Ramesh and (4) Mooli Bai
W/o Late Shri Ramesh, in connection with FIR No.58/2021,
Police Station Sadri, District – Pali, the petitioners shall be released
on bail; provided each of them furnishes a personal bond in the
sum of Rs.50,000/- each along with two sureties of Rs.25,000/-
each to the satisfaction of the concerned Investigating
Officer/S.H.O. on the following conditions :-
(i). that the petitioners shall make themselves available for
interrogation by a police officer as and when required;
(ii). that the petitioners shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the court or any police officer;
and
(iii). that the petitioners shall not leave India without
previous permission of the court.
(MUKESH RAJPUROHIT),J
151-153-Ramesh/-
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