Rajasthan High Court – Jodhpur
Santosh Paliwal vs State Of Rajasthan (2025:Rj-Jd:27011) on 12 June, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:27011] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6967/2025 Premlal S/o Kamalchand Teli, Aged About 46 Years, Resident Of Dabok Near Charbhuja Temple Udaipur Presentiy Ward Panch Gram Panchayat Dabok Panchayat Samiti Mawail District Udaipur (Presently Lodged At Central Jail Udaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 6968/2025 Santosh Paliwal S/o Shankarlal, Aged About 40 Years, Resident Of Dabok Oradi Nadwale Road Panchayat Samiti Mawail District Udaipur (Presently Lodged At Central Jail Jodhpur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 6969/2025 Nathulal Patidar S/o Sukhlal, Aged About 79 Years, Resident Of Dabok Panchayat Samiti Mawail District Udaipur (Presently Lodged At Central Jail Udaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 6970/2025 Prem Shankar S/o Shivlal Paliwal, Aged About 61 Years, Resident Of Oradi Di Dabok Panchayat Samiti Mawail District Udaipur (Presently Lodged At Central Jail Udaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent (Downloaded on 17/06/2025 at 09:23:47 PM) [2025:RJ-JD:27011] (2 of 5) [CRLMB-6967/2025] S.B. Criminal Miscellaneous Bail Application No. 6971/2025 Suresh Paliwal S/o Shankarlal Paliwal, Aged About 41 Years, Resident Of Dabok Oradi Nandwel Road Panchayat Samiti Mawail District Udaipur (Presently Lodged At Central Jail Udaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 6972/2025 Jagnnath Pushkarna S/o Hiralal Pushkarna, Aged About 59 Years, Resident Of Oradi Bi Nandwal Road Dabok Panchayat Samiti Mawail District Udaipur (Presently Lodged At Central Jail Udaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 6973/2025 Puranshankar Paliwal S/o Shivlal Paliwal, Aged About 55 Years, Resident Of Oradi Bi Nandwal Road Dabok Panchayat Samiti Mawail District Udaipur (Presently Lodged At Central Jail Udaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 6974/2025 Naresh Paliwal S/o Shankarlal Paliwal, Aged About 39 Years, Resident Of Dabok Oradi Nadwel Road Panchayat Samiti Mawail District Udaipur (Presently Lodged At Central Jail Udaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 6975/2025 (Downloaded on 17/06/2025 at 09:23:47 PM) [2025:RJ-JD:27011] (3 of 5) [CRLMB-6967/2025] Shantilal Paliwal S/o Shivlal Paliwal, Aged About 58 Years, Resident Of Dabok Oradi Nadwel Road Panchayat Samiti Mawail District Udaipur (Presently Lodged At Central Jail Udaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 6976/2025 Mukesh Paliwal S/o Shantilal Paliwal, Aged About 32 Years, Resident Of Dabok Oradi Nandwel Road Panchayat Samiti Mawail District Udaipur (Presently Lodged At Central Jail Udaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Jagdish Singh For Respondent(s) : Mr. Narendra Gehlot, P.P. with Mr. Omprakash Choudhary. HON'BLE MR. JUSTICE FARJAND ALI
Order
12/06/2025
1. The jurisdiction of this Court has been invoked by way of
filing applications under Section 439 Cr.P.C./483 BNSS at the
instance of accused-petitioners. The requisite details of the
matter are tabulated herein below:
S.No. Particulars of the Case 1. FIR Number 110/2017 2. Concerned Police Station RC Kendra ACB, Jaipur 3. District (Anti-Corruption Bureau, Udaipur) 4. Offences alleged in the FIR Under Sections 13(1) (c)(d)/13(2) (Downloaded on 17/06/2025 at 09:23:47 PM) [2025:RJ-JD:27011] (4 of 5) [CRLMB-6967/2025] Prevention of Corruption Act, 1988 & under Sections 420, 467, 468, 471 & 120B IPC. 5. Offences added, if any -
2. It is contended on behalf of the accused-petitioners 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 bail
to the accused-petitioners and they have been made accused
based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the
petitioners, learned Public Prosecutor opposes the bail
application and submits that the present case is not fit for
enlargement of accused on bail.
4. I have considered the submissions made by both the parties
and have perused the material available on record. The initial
cause of action had arisen in the year 2009 and the
allegations of criminal misconduct to the effect that due
process was not undertaken in making allotment of pattas to
certain people. It would be certainly a question open to moot
with the petitioners whether there was a criminal intent or it
was simply an error of judgment, absence of adherence to
the rules or breach of rules of simplicitor There is high
probability that the trial may take long time to conclude. In
light of these facts and circumstances, it is deemed suitable
(Downloaded on 17/06/2025 at 09:23:47 PM)
[2025:RJ-JD:27011] (5 of 5) [CRLMB-6967/2025]
to grant the benefit of bail to the petitioners in the present
matters.
5. Accordingly, the instant bail applications under Section 439
Cr.P.C./483 BNSS are allowed and it is ordered that the
accused-petitioners as named in the cause title shall be
enlarged on bail provided each of them furnishes a personal
bond in the sum of Rs.50,000/- with two sureties of
Rs.25,000/- each to the satisfaction of the learned trial Judge
for his appearance before the court concerned on all the
dates of hearing as and when called upon to do so.
(FARJAND ALI ), J
73-82 – Ravi Khandelwal
(Downloaded on 17/06/2025 at 09:23:47 PM)
Powered by TCPDF (www.tcpdf.org)