Rajasthan High Court - Jodhpur
Deepak Kumar vs State Of Rajasthan (2025:Rj-Jd:29500) on 8 July, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:29500]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7911/2025
Deepak Kumar S/o Shri Ram Kumar, Aged About 40 Years, R/o
Bedana Police Station Thana Rafiqganj District Aurangabaad
Bihar At Present Cheif Manager Sbi Bank Branch Local Pradhan
Karyalana Rebu Deprtment Patna Bihar. (Presently Lodged At
Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vineer Jain, Sr. Advocate, assisted
by Mr. Abhishek Purohit
For Respondent(s) : Mr. Urja Ram Kalbi, PP
Mr. Mohit Prasad, for the complainant.
HON'BLE DR. JUSTICE NUPUR BHATI
Order
08/07/2025
1. The instant bail application has been filed by the petitioner
under Section 483 BNSS who has been arrested in connection with
the FIR No.568/2024 dated 05.12.2024 registered at the Police
Station Mahamandir District Jodhpur City East for the offences
under Sections 420, 409 and 120-B IPC.
2. Learned Senior Counsel Mr. Vineet Jain, assisted by learned
counsel Mr. Abhishek Purohit, submits that the petitioner has been
falsely implicated in this case while alleging that the petitioner has
aided the main accused Mukesh Kumar in honoring the unsigned
vouchers of the complainant. He further submits that the main
allegations of hatching conspiracy, cheating the complainant and
embezzling the funds of the bank, are levelled against the co-
accused Mukesh Kumar, who has been enlarged on bail by the
[2025:RJ-JD:29500] (2 of 4) [CRLMB-7911/2025]
Coordinate Bench of this Court vide order dated 16.06.2025
passed in SBCRLMB No.18/2025. He also submits that after re-
investigation, it has been concluded that charges for the offences
under Section 420, 409 and 120-B IPC have been found proved
against the petitioner whereas, against main accused Mukesh
Kumar, charges for the offence under Section 420, 406, 409 and
120-B IPC have been found to be proved, hence, the case of the
petitioner is not distinguishable with the case of the co-accused.
He also submits that the offences alleged against the petitioner
are exclusively triable by the Court of Magistrate. He also submits
that the investigation is complete and the charge-sheet has been
filed and there is no recovery due against the petitioner and thus,
the petitioner deserves to be released on bail.
3. Per contra, learned Public Prosecutor opposes the bail
application and submits that the petitioner has made transactions
from the account of the complainant without taking her signatures
on the voucher and thus, it is not fit case for grant of indulgence
of bail, however, he is not in a position to refute the fact that the
offences are triable by Magistrate and the fact that the only
allegation levelled against the petitioner is of aiding the main
accused Mukesh Kumar who has already been enlarged on bail by
the Coordinate Bench of this Court and the case of the petitioner
is at better footing than of the aforesaid co-accused.
4. Learned counsel for the complainant, on the other hand,
vehemently opposes the bail application and so also the
submissions advanced by the petitioner's counsel and submits that
though the charge-sheet has been filed, more evidence is likely to
be collected and there is every likelihood that the petitioner shall
tamper with the evidence, however, is unable to refute the fact
[2025:RJ-JD:29500] (3 of 4) [CRLMB-7911/2025]
that the case of the petitioner is at a better footing than of the co-
accused Mukesh Kumar, who has been enlarged on bail by the
Coordinate Bench of this Court.
5. In support of his contentions, learned counsel for the
complainant places reliance upon the judgment passed by the
Hon'ble Apex Court in the case of Manik Madhukar Sarve &
Ors. v. Vithhal Damuji Meher & Ors., reported in (2024) 10
SCC 753.
6. The judgment which has been relied upon by the learned
counsel for the complainant does not aid the case of the
complainant as the same arises out of totally different set of facts.
7. Having considered the submissions advanced at Bar by
learned counsel for the parties and having regard to the entirety
of facts and circumstances of the case as available on record and
looking to the fact that the offences alleged are triable by the
court of Magistrate, the fact that the only allegation levelled
against the petitioner is of aiding the main accused Mukesh Kumar
who has already been enlarged on bail by the Coordinate Bench of
this Court and the charge-sheet has been filed and the fact that
the trial may take a long time to conclude, thus, without
expressing any opinion on the merits/demerits of the case, this
Court deems it fit to enlarge the petitioner on bail.
8. Consequently, the bail application is allowed. It is ordered
that the accused petitioner Deepak Kumar S/o Shri Ram
Kumar arrested in connection with FIR No.568/2024 dated
05.12.2024 registered at the Police Station Mahamandir District
Jodhpur City East shall be released on bail; provided he furnishes
a personal bond in the sum of Rs.50,000/- and two sureties of
Rs.25,000/- each to the satisfaction of the learned trial Court, with
[2025:RJ-JD:29500] (4 of 4) [CRLMB-7911/2025]
a stipulation to appear before that Court on all dates of hearing
and as and when called upon to do so.
(DR. NUPUR BHATI),J
168-/Devesh/-
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