Santosh Paliwal vs State Of Rajasthan (2025:Rj-Jd:27011) on 12 June, 2025

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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


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    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


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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)

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                                                              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

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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

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