Mahesh Kumar @ Guddu S/O Murarilal Vs State of… — Cheating and Forgery | Rajasthan HC (2025)

Mahesh Kumar @ Guddu S/O Murarilal Vs State of… — Cheating and Forgery | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail allowed and the interim order dated 31.07.2025 made absolute: in the event of arrest, the accused-applicant Mahesh Kumar @ Guddu is to be released on bail upon furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to (i) making himself available for interrogation as and when required, (ii) not making any direct or indirect inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade disclosure, and (iii) not leaving India without previous permission of the court.

Issue for consideration

Whether the anticipatory bail application filed under Section 482 BNSS by Mahesh Kumar @ Guddu in connection with FIR No. 64/2022 (Police Station Sadar, District Tonk; offences under Sections 420 and 406 of IPC) should be allowed, i.e., whether the interim protection-from-arrest order dated 31.07.2025 should be made absolute.

Court's answer

Having heard both sides, and considering that the accused-applicant had already joined the investigation as directed by the interim order dated 31.07.2025, that a compromise had been entered into between the parties, and looking to the overall facts, circumstances and material on record, the Court deemed it appropriate to make the interim order dated 31.07.2025 absolute and to allow the anticipatory bail application — expressly without commenting on the merits or demerits of the case.

Ratio / Principle

The Court directed the S.H.O/I.O/Arresting Officer, Police Station Sadar, Tonk District Tonk (FIR No. 64/2022) that in the event of arrest of the accused-applicant Mahesh Kumar @ Guddu, he shall be released on bail, provided he furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the S.H.O/I.O/Arresting Officer, subject to three conditions: availability for interrogation as and when required; abstention from any direct or indirect inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure; and not leaving India without previous permission of the Court.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL UNDER S. 482 BNSS ALLOWED — INTERIM ORDER OF 31.07.2025 MADE ABSOLUTE. Mahesh Kumar @ Guddu, applicant in S.B. Criminal Miscellaneous Bail Application No. 36/2025 (FIR No. 64/2022, Police Station Sadar, Distt. Tonk; offences under Sections 420 and 406 IPC): considering that the accused-applicant had joined the investigation as directed by the interim protection-from-arrest order dated 31.07.2025, that a compromise had been entered into between the parties, and the overall facts and material on record, the Court made the interim order absolute and allowed the application, without commenting on merits or demerits. In the event of arrest, release on bail ordered against a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to availability for interrogation, no inducement/threat/promise to persons acquainted with the facts, and no departure from India without previous permission of the Court.

[2025:RJ-JP:44480]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 36/2025 Mahesh Kumar @ Guddu S/o Murarilal, Aged About 55 Years, R/o Joshiyo Ka Mohalla, Purani Tonk, Distt. Tonk, Currently Residing At Maratha Colony, Near Sethi School, Chavani, Distt. Tonk (Rajasthan).

----Applicant

State Of Rajasthan,T	Versus hrough Pp ----Resp
For Applicant(s)	: Mr. Harshit Sharma for Mr. Rajesh Kala
For Respondent(s)	: Ms. Arti Sharma, PP Mr. Rhishi RajSingh Rathore,PP

----Respondent

HON’BLE MR. JUSTICE SAMEER JAIN

Order

06/11/2025

The present bail application has been filed under Section 482 BNSS in connection with FIR No. 64/2022 registered at Police Station Sadar, Tonk District Tonk for the offence(s) under Sections 420, 406 of IPC.

Learned counsel for the accused-applicant has submitted that vide an order dated 31.07.2025, interim protection from arrest was granted to the applicant, subject to joining the investigation at the concerned police station. In compliance of the aforesaid, the applicant has duly joined the investigation. It is further submitted that the matter at hand is primarily of civil nature and a compromise has been entered into between the parties.

Per contra, learned Public Prosecutor has opposed the instant bail application.

[2025:RJ-JP:44480]

[CRLMB-36/2025]

(2 of 2)

Having heard the contentions put-forth by the counsel for the parties, considering that the accused-applicant has already joined the investigation, as directed vide an interim order dated 31.07.2025; that compromise has been entered into between the parties and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court deems it appropriate to make the order dated 31.07.2025 absolute and allow the instant anticipatory bail application.

Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Sadar, Tonk District Tonk in F.I.R. No. 64/2022 is directed that in the event of arrest of the accused-applicant Mahesh Kumar @ Guddu S/o Murarilal shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

(ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

(iii) that the applicant shall not leave India without previous permission of the court.

(SAMEER JAIN),J

JKP/256