CRIMINAL MISCELLANEOUS BAIL APPLICATION No. 708 of 2026 · Rajasthan High Court

: Mr. Ashvin Garg assisted by Mr. Sahil Sharma & Mr. Nonit Hatila For Respondent(s) : Mr. Amit Kumar Gupta, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA 29/01/2026 Order

The instant bail application has been filed under Section 483 of BNSS, 2023 on behalf of accused-petitioner in connection with FIR No.118/2023 registered at Police Station Sadar Sikar, District Sikar for the offences under Sections 420 & 406 IPC and Sections 4, 5 & 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Sections 3 & 21 of the Banning of Unregulated Deposit Schemes Act, 2019.

Heard. Considered the submissions made by counsel for the petitioner as well as learned Public Prosecutor and also perused the material made available on record. [2026:RJ-JP:4158] (2 of 3) [CRLMB-708/2026]

It is submitted by counsel for the petitioner submits that in the FIR, it is alleged by the complainant that the accused by misleading the him has taken money in the name of investment and for certain duration they gave benefits accruing from the investment but later on they stopped making the payment. It is further submitted that there is no allegation against the accused- petitioner in the FIR and has been implicated.

It is further submitted that the accused-petitioner is in custody in this particular case since 24.10.2024 and out of total 12 witnesses only 4 have been examined so far. It is also submitted that the accused-petitioner is languishing in jail since long without there being any effective progress in the trial.

Learned Public Prosecutor vehemently opposed the bail application and submits that there are large number of other criminal cases pending against the accused-petitioner.

In rejoinder to the submissions of learned Public Prosecutor, counsel for the accused-petitioner submits that all the cases as referred by learned Public Prosecutor are in relation to the investment by separate persons and therefore, on lodging the FIR by each investors, the number of cases have gone up. He also submits that in many of the criminal cases the accused-petitioner has been enlarged on bail and in some of the criminal cases, the FIRs have been quashed by the High Court.

Having regard to the submissions made by counsel for the petitioner and so also the fact that the accused-petitioner is in custody since 24.10.2024 and out of 12 prosecution witnesses only 4 have been examined so far and the fact that there is no [2026:RJ-JP:4158] (3 of 3) [CRLMB-708/2026] specific allegation against the present accused-petitioner in the FIR, this Court without expressing any opinion on the merits or demerits of the case deems just and proper to enlarge the accused-petitioner on bail.

Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided, he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. Ashish Kumar /104 (GANESH RAM MEENA),J