Rajasthan High Court – Jodhpur
Vijay Kumar Soni vs State Of Rajasthan (2025:Rj-Jd:32494) on 23 July, 2025
[2025:RJ-JD:32494]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8495/2025
Vijay Kumar Soni S/o Ramprasad Soni, Aged About 49 Years,
R/o Mohhabat Singh Ka Hathha Subhas Chowk, P.S. Ratanada,
Jodhpur East.
(Presently Lodged At Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Mahaveer Singh
For Respondent(s) : Mr. Hanuman Prajapati, Public
Prosecutor
Mr. Dinesh Kumar Joshi
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
23/07/2025
The instant application for bail under Section 483 of BNSS
(439 of Cr.P.C.) has been filed by the petitioner who has been
arrested in connection with F.I.R. No.214/2024, registered at
Police Station Ratanada, District – Jodhpur City East for the
offences under Sections 420, 467, 468, 471 & 474 of IPC.
Heard learned counsel for the petitioner, learned Public
Prosecutor and the learned counsel for the complainant. Perused
the material available on record.
Learned counsel for the petitioner submits that the allegation
against the petitioner is with regard to preparation of forged
power of attorney, falsely stating that the complainant had
delegated authority to petitioner to sell the property in question,
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whereas no such authority was ever given by the complainant.
Learned counsel for the petitioner has drawn attention of this
Court towards the power of attorney executed on 27.08.2008
whereby as per the para No.3 of the power of attorney, the
complainant has delegated all his powers to the petitioner for sale
and execute agreement to sale on his behalf.
Learned counsel for the petitioner further submits that the
offences alleged to have been committed by the petitioner are
triable by the Court of Magistrate. Learned counsel further submits
that the petitioner is in judicial custody since 04.07.2025 and the
trial of the case will take sufficiently long time, therefore, the
benefit of bail may be granted to the accused-petitioner.
Learned counsel for the petitioner further submitted that on
23.05.2022, the complainant has sent a notice for cancellation of
his power of attorney and the same was replied by the petitioner
on 03.06.2022 and thereafter no action was taken for cancellation
of the said power of attorney.
Per contra, learned Public Prosecutor and the learned counsel
for the complainant have vehemently opposed the bail application
and submit that the petitioner has cheated the complainant by
preparing the forged document to sell since, the complainant is an
illiterate person and is not aware about the document which was
executed in favour of the petitioner. Although, learned counsel for
the complainant does not dispute the execution of power of
attorney.
Having considered the rival submissions, facts and
circumstances of the case; after perusal of the record, more
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specifically the power of attorney executed in favour of the
petitioner; without expressing any opinion on merits/demerits of
the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 483 of BNSS
(439 of Cr.P.C.) is allowed. It is ordered that the accused-
petitioner Vijay Kumar Soni S/o Ramprasad Soni, arrested in
connection with F.I.R. No.214/2024, registered at Police Station
Ratanada, District – Jodhpur City East, 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 learned trial court, for his appearance before that
court on each & every date of hearing and whenever called upon
to do so till completion of the trial.
(MUKESH RAJPUROHIT),J
133-Ramesh/-
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