Rajasthan High Court – Jodhpur
Kamlesh Das vs State Of Rajasthan (2025:Rj-Jd:27376) on 18 June, 2025
[2025:RJ-JD:27376]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7221/2025
Shankarlal S/o Late Devilal, Aged About 36 Years, R/o Bank Gali,
Kanpur, Thana Pratapanagar, Udaipur.
(Presently Lodged At Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 6298/2025
Rameshgiri S/o Ganeshgiri, Aged About 32 Years, R/o Amarpura
Khalsa, Police Station Kheroda District Udaipur Rajasthan.
(At Present Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 6444/2025
Kamlesh Das S/o Mohan Das, Aged About 36 Years, R/o Azaad
Mohalla, Kurabad, Police Station Kurabad, District Udaipur,
Rajasthan.
(At Present Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through The Public Prosecutor.
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 6446/2025
Suraj Bai W/o Late Shri Bagdiram, Aged About 60 Years, R/o
Alookhera (Savna) Gram Panchayat Sinhad, Police Station
Kurabad, District Udaipur (Raj)
(Presently Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
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For Petitioner(s) : Mr. J.V.S. Deora
Mr. R.K. Charan
Mr. Abhishek Charan
Mr. Deepak Menaria
Mr. Ojas Shakdwipeeya
For Respondent(s) : Mr. Narendra Singh Chandawat, Public
Prosecutor
Mr. Jagdish Singh for the complainant
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
18/06/2025
These applications for bail under Section 483 of BNSS (439
Cr.P.C.) have been filed by the petitioners who have been arrested
in connection with F.I.R. No.85/2025, registered at Police Station
Badgaon, District – Udaipur for the offences under Sections
318(4), 316(2), 338, 336(3), 340(2) & 61(2)(a) of the BNS.
Heard 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 submitted that as per the
case of the prosecution, the complainant Badami Devi has given a
written report on 22.04.2025 to the effect that her Khatedari
agricultural land is situated in Tehsil Girwa, Udaipur, whose new
number is 128, in which agriculture is done by her on the entire
land. She alleged that by preparing a fake sale deed of the said
land and presenting a fake person and impersonating her as
Badami Devi, the accused Arjun Singh executed and registered a
sale deed in his favour on 07.04.2025, on which Gajendra Suthar
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and Hamer Singh Rajput have put their signatures as attesting
witnesses. On getting the copy of the Jamabandi, it was found
that the basis of the fake sale deed, the transfer has been
approved on 21.04.2025. Thus, accused Arjun Singh, Gajendra
Suthar and Hamer Singh have cheated her by executing a false
sale deed in favour of Arjun Singh. On the aforesaid complaint,
the present FIR was registered and the investigation commenced.
Learned counsel for the petitioners argued that accused-
petitioners have been falsely implicated in the present case. They
have not committed the offence as alleged. He submits that the
principal accused and the beneficiary of the sale deed is the co-
accused Arjun Singh who got executed the sale deed in his favour.
Accused persons are not the beneficiaries of the sale deed.
Accused Suraj Bai is an old lady aged around 60 years.
Learned counsel for the petitioners further submitted that
the accused-petitioners are in judicial custody since long and the
trial of the case will take sufficiently long time, therefore, the
accused-petitioners may be enlarged on bail.
Per contra, learned Public Prosecutor and the learned counsel
for the complainant have vehemently opposed the bail application.
While submitting factual report dated 12.06.2025, sent by the
SHO, P.S. Badgaon, Udaipur, he submitted that accused persons
have committed a serious crime of forgery. By preparing a fake
sale deed of the said land and present a fake person showing
Badami Devi, the accused Arjun Singh got executed and
registered a sale deed in his favour on 07.04.2025, on which
Gajendra Suthar and Hamer Singh Rajput have put their
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signatures as attesting witnesses. On getting the copy of the
Jamabandi, it was found that the basis of the fake sale deed, the
transfer has been approved on 21.04.2025. Thus, accused Arjun
Singh, Gajendra Suthar and Hamer Singh have cheated her by
executing false sale deed. Accused Suraj Bai has impersonated
herself as Badami Devi. Accused Shankar Lal Dangi brought the
Dami Khatedar Suraj Bai and he received consideration for the
same. Accused Kamlesh Vaishnav brought the witness Hamer
Singh and he also received consideration for the same. Accused
Rameshgiri Goswami impersonated himself as Pravin Suthar, the
son of Badami Devi and received the DLC and other cash amount
from the co-accused Arjun Singh. Therefore, he prayed that
looking to the gravity of the offence, benefit of bail may not be
extended to the petitioner.
From perusal of the material available on record, this Court
finds that the principal accused is Arjun Singh who got executed a
forged sale deed in his favour on which Gajendra Suthar and
Hamer Singh Rajput have put their signatures as attesting
witnesses and thus, they caused loss to the complainant.
Accused Suraj Bai is an old lady aged about 60 years. The actual
role of the accused-petitioners can be ascertained after recording
of the statements of the witnesses during the trial. The accused-
petitioners are in judicial custody since long and conclusion of the
trial of the case may take sufficiently long time.
Having considered the rival submissions, facts and
circumstances of the case, without expressing any opinion on
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merits/demerits of the case, this Court is inclined to enlarge the
accused-petitioners on bail.
Consequently, these bail applications under Section 483 of
BNSS (439 Cr.P.C.) are allowed. It is ordered that the accused-
petitioners (1) Shankarlal S/o Late Devilal, (2) Rameshgiri
S/o Ganeshgiri, (3) Kamlesh Das S/o Mohan Das and
(4) Suraj Bai W/o Late Shri Bagdiram, arrested in connection
with F.I.R. No.85/2025, registered at Police Station Badgaon,
District – Udaipur, 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.
(CHANDRA PRAKASH SHRIMALI),VJ
165-168-Ramesh/-
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