Rajasthan High Court – Jodhpur
Shyamlal Saraswat vs State Of Rajasthan (2025:Rj-Jd:26735) on 2 June, 2025
[2025:RJ-JD:26735]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4124/2025
Shyamlal Saraswat S/o Shri Sohan Lal, Aged About 62 Years, R/
o 111 Gangaur Nagar, Tehsil And District Sri Ganganagar.
(Presently Lodged In District Jail Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shreyesh Ramdev
Mr. Chandan Singh Jodha
For Respondent(s) : Mr. C.S. Ojha, PP
Mr. Bharat Gurjar for complainant
HON'BLE MR. JUSTICE SANDEEP SHAH (VACATION JUDGE)
Order
02/06/2025
1. The present bail application under Section 483 of BNSS (439
of Cr.P.C.) has been filed by the petitioner being aggrieved against
the order dated 27.03.2025, passed by the learned Sessions
Judge Sriganganagar in Criminal Miscellaneous Bail Case
No.178/2025, whereby the learned Court rejected the bail
application of the petitioner. The petitioner has been arrested in
connection with the FIR No.92/2025 registered at Police Station
Sadar, District Sriganganagar for offences punishable under
Sections 318(2) and 61(2)(B) of BNS.
2. The learned counsel for the petitioner submits that the
allegation against the petitioner is purely of civil nature to which
the complainant has tried to give the colours of criminal offence. It
has further been asserted that the alleged offence are triable by
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Magistrate and the petitioner has been behind the bars and no
recovery whatsoever has been affected from the petitioner. It has
further been stated that the petitioner is 62 years of age and has
got no role to play as far as the alleged offence is concerned.
3. Per contra the learned Public Prosecutor as well as learned
counsel for the complainant have opposed the bail application and
stated that the amount has not been recovered from the petitioner
and the petitioner is also a partner of the firm and, therefore,
cannot absolve himself from the liability of making the payment. It
has been asserted that considering the nature of offence the
petitioner should not be enlarged on bail.
4. Having considered the rival submissions and the facts and
circumstances of the case, and considering the fact that post
investigation, police have filed the charge-sheet in case in hand,
and no further recovery is to be effected from the petitioner, as
also considering the fact that the offence alleged is triable by
Magistrate, the bail application of the petitioner is allowed.
5. Consequently, the bail application under Section 483
B.N.S.S. is allowed. The accused/ petitioner Shyamlal Saraswat
son of Shri Sohan Lal arrested in connection with FIR No.92/2025,
registered at Police Station Sadar, District Sriganaganagar, shall be
released on bail; if not wanted in any other case, provided he
furnishes a personal bond of Rs.50,000/- and two sureties of
Rs.25,000/- each, to the satisfaction of the trial court, for his
appearance before the Court on each and every date of hearing
and whenever called upon to do so till the completion of the trial.
6. It is however clarified that at this stage the observations
made are prima facie and the trial court shall proceed to decide
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the case on its own merit without being influenced by any
observations made by this Court.
(SANDEEP SHAH (VACATION JUDGE)),J
15-charul/-
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