PREMCHAND ASHOK KUMAR MITTAL v. STATE OF RAJASTHAN
Court: High Court of Rajasthan
Bench: SUNIL BENIWAL
Judgment date:
Case summary
High Court of Rajasthan judgment dated 2026-08-10. PREMCHAND ASHOK KUMAR MITTAL v. STATE OF RAJASTHAN. Read the judgment and case details on LawSphereX.
Judgment text
[2026:RJ-JP:37939] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Miscellaneous Bail Application No. 14393/2025 CNR: RJHC011096102025 | URN: CRLMB / 30029U / 2025 Premchand Ashok Kumar Mittal S/o Shri Ashok Kumar Mittal, Aged About 55 Years, R/o Narsingh Sadan, Plot No. 78 A/1, First Golibar Road Near Aaryan Hotel, Santa Cruz, Mumbai East , Maharashtra ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dinesh Kumar Godara For Respondent(s) : Mr. Urja Ram Kalbi, PP Mr. RS Rawal for complainant HON'BLE MR. JUSTICE SUNIL BENIWAL Order 10/08/2026 1. This bail application under Section 482 BNSS has been filed by the petitioner apprehending his arrest. The requisite details of the matter are tabulated herein below: S. No. Particulars of the Case 1. FIR Number 206/2025 2. Date of lodging FIR 17. 05. 2025 3. Concerned Police Station Subhash Nagar 4. District Bhilwara 5.
Offences alleged in the FIR Sections 316(2), 318(4), 308(2) and 61(2) of BNS, 2023 6. Offences added, if any - 2. Learned counsel for the petitioner submits petitioner has been falsely implicated in the present case. As a matter of fact, [2026:RJ-JP:37939] (2 of 3) [CRLMB-14393/2025] dispute between the petitioner and the complainant is purely of civil nature, however, just to arm twist the present petitioner, the instant FIR has been lodged. The respondent has already initiated proceedings under Section 138 N. I. Act and thus, no fruitful purpose would be served by sending the petitioner behind the bars. It is thus, prayed that the petitioner may be granted benefit of anticipatory bail. 3.
Learned Public Prosecutor so also counsel appearing for complainant vehemently oppose the grant of benefit of anticipatory bail and submit that the petitioner committed fraud with the complainant and has given a cheque with fraudulent intention, as the signature itself was not matching with the signature of the petitioner. Based on the above submissions, petitioner is not entitled to be granted benefit of anticipatory bail. 4. Heard the learned counsel for the parties. 5. Having considered the rival submissions, facts and circumstances of this case so also considering the fact that undisputedly there were business transactions between the petitioner and the complainant and proceedings under Section 138 N. I. Act has already been initiated by the respondent, in the considered opinion of this Court, no fruitful purpose would be served by sending the petitioner behind the bars.
Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner- Premchand Ashok [2026:RJ-JP:37939] (3 of 3) [CRLMB-14393/2025] Kumar Mittal S/o Shri Ashok Kumar Mittal in connection with the aforesaid FIR, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs. 50,000/-each along with two sureties of Rs. 25,000/- each to the satisfaction of the concerned Investigating Officer/S. H. O. on the following conditions :- (i). that the petitioner shall make himself available for interrogation by a police officer as and when required; (ii).
that the petitioner 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 petitioner shall not leave India without previous permission of the court. (SUNIL BENIWAL),J 10/Amar Purohit
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