Ravi Saxena S/O Amar Saxena Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 1668/2025

Ravi Saxena S/o Amar Saxena, Aged 42 Years, R/o Plot No. 214, Kesar Nagar, Muhana Mandi Road, Thana Muhana, Jaipur. (Presently Accused Petitioner Is Confined In Central Jail, Jaipur).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr. Deepak Chauhan
For Respondent(s)	: Mr. Shree Ram Dhakar, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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14/02/2025

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The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 526/2021 registered at Police Station Bajaj Nagar, District Jaipur City (East) for the offence under Sections 420, 406 and 120-B of IPC.

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Learned counsel for the petitioner submits that the accused petitioner has falsely been implicated in this case. Contents narrated in the FIR itself shows that the matter does not travel beyond a civil suit. It is contended that an agreement was executed between the petitioner and the complainant and complainant has paid the part amount, thereafter part amount was not paid to the petitioner. The complainant has not filed any suit before the civil court for the specific performance of agreement and directly lodged an FIR against the petitioner, there was no

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intention on the part of the petitioner to not to execute the sale deed. The petitioner was not aware that an FIR has been lodged against him and charge-sheet was submitted against the petitioner under Section 299 Cr.P.C. Counsel further submits that offences alleged to have been committed by the petitioner are triable by Magistrate. The accused-petitioner is in custody since 15.01.2025 and the trial of the case may take considerable time.

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It is also contended that accused petitioner is ready to execute the sale deed in favour of complainant within a period of one month subject to condition that complainant would pay the outstanding amount, if the complainant pays the outstanding amount to the petitioner and petitioner refuses to get the sale deed register in the favour of the complainant, then complainant would be free to move an application for cancellation of bail before the concerned court, therefore, the petitioner may be enlarged on bail.

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Per contra, learned Public Prosecutor opposes the grant of bail application.

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Heard and perused the material available on the record.

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I have considered the facts narrated in the FIR, without expressing further on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Ravi Saxena S/o Amar Saxena, in connection with FIR No. 526/2021 registered at Police Station Bajaj Nagar, District Jaipur City (East) shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the

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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.

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This court deems it proper to permit the petitioner to get the sale deed registered in favour of the complainant after release from the jail subject to payment of outstanding payment by the complainant, if complainant pays the amount to the petitioner and petitioner refuses to get the sale deed registered in favour of the complainant then complainant would be free to move an application for cancellation of bail before the concerned court.

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(PRAVEER BHATNAGAR),J

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ashu /230

Ravi Saxena S/O Amar Saxena v. State of Rajasthan

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Ravi Saxena S/O Amar Saxena v. State of Rajasthan

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