Rajasthan High Court – Jodhpur
Ramesh Chandra vs State Of Rajasthan (2025:Rj-Jd:26549) on 27 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:26549]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2875/2024
Chetan Das S/o Khemchand Varlani, Aged About 76 Years, R/o
C-18, Pratapnagar, Chittorgarh Ps Sadar Chittorgarh Dist
Chittorgarh.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 2877/2024
Ramesh Chandra S/o Idandas Varlani, Aged About 72 Years, R/o
A-55, Pratapnagar, Sindhi Colony, Chittorgarh Ps Sadar
Chittorgarh, Dist Chittorgarh.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 2878/2024
Smt. Sheela Devi W/o Rameshchandra Varlani, Aged About 68
Years, R/o A-55, Pratapnagar, Sindhi Colony, Chittorgarh Ps
Sadar Chittorgarh, Dist Chittorgarh.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pritam Joshi
Mr. RK Charan
For Respondent(s) : Mr. S.S. Rathore, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
27/05/2025
1. The jurisdiction of this court has been invoked by way of
filing an application under Section 438 CrPC at the instance of
accused-petitioners. The requisite details of the matter are
tabulated hereinbelow:
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[2025:RJ-JD:26549] (2 of 3) [CRLMB-2875/2024]
S.No. Particulars of the Case
1. FIR Number 365/2021
2. Concerned Police Station Sadar Chittorgarh
3. District Chittorgarh
4. Offences alleged in the FIR Under Sections 420, 467,
468, 471 and 120-B of IPC
5. Offences added, if any Section 470 of IPC
6. Date of passing of 27.02.2024
impugned order
2. Having apprehension of being arrested in the afore-
mentioned matter, the petitioners have prayed for anticipatory bail
on the ground that no case for the alleged offences is made out
against them and their incarceration is not warranted. There are
no factors at play in the case at hand that may work against grant
of anticipatory bail to the accused-petitioners and they have been
made accused based on conjectures and surmises.
4. Contrary to the submissions of learned counsel for the
petitioner, learned Public Prosecutor has opposed the bail
application and submitted that the present case is not fit for grant
of anticipatory bail.
5. I have considered the submissions made by both the parties
and have perused the material available on record.
6. A civil suit was filed on behalf of the petitioners’ party
seeking cancellation of a will based upon a subsequent will. It is
the case of the complainant that the subsequent will was forged
by the petitioner. Certainly, the issue will be framed by the civil
Court to the effect that whether the basis of the suit, the will in
question if fake or not. It seems to be a dispute between siblings
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[2025:RJ-JD:26549] (3 of 3) [CRLMB-2875/2024]
over division of the property. Custodial interrogation is not
required. An interim order had been passed by a co-ordinate
Bench of this Court and the petitioners are enjoying the said
protection since then and they have not misused the liberty during
this prolonged period as no report in this regard has been received
by this court. They are ready to co-operate with the investigation.
7. Considering the over all facts and circumstances of the case,
it is deemed suitable to grant the benefit of anticipatory bail to the
petitioners in the present matter.
8. Accordingly, the instant bail application under Section 438
Cr.P.C. is allowed. The S.H.O/I.O/Arresting Officer of the
concerned Police Station is directed that in the event of arrest of
the petitioners in connection with the FIR, details of which have
been given in tabular form above, they shall be released on bail,
provided each of them furnishes a personal bond in the sum of
Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to
the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned
Police Station 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.
(FARJAND ALI), J
252-254 divya/-
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