The State Of Rajasthan, Through P.p v. Connected

Gaurav Rai S/o Shri Subhash Rai, Aged About 23 Years, R/o House No. 181, Kishan Bagh, Behind Shravan Jayanti Park, Kachchi Basti, Vidyadhar Nagar, Jaipur Police Station Bhatta Basti, Jaipur ( Currently Confined In Central Jail Jaipur) State Of Rajasthan, Through P.p. Versus ----Petitioner ----Respondent For Petitioner(s) : Mr. Sudhir Jain Mr. Prem Chand Dewanda with Mr. Rahul Singh & Mr. Aniket Jangid For Respondent(s) : Mr. Susheel Pujari with Mr. Jagdish Prasad Gurjar Mr. Dalbir Singh (SHO, P.S. Shyam Nagar, Jaipur) Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN 03/09/2025 Order

1. These two bail applications were preferred on behalf of applicant-accused Shyam Babu S/o Shri Nanagram Pareek [2025:RJ-JP:35704] (2 of 5) [CRLMB-6373/2025] and Gaurav Rai S/o Shri Subhash Rai in a matter arising out of FIR No.34/2024 dated 04.02.2024 registered at Police Station Kotwali, Jaipur (North) for offence under Sections 420, 409, 467, 468 and 120-B of IPC.

2. Learned counsels for the applicants submit that applicants are innocent persons and they were falsely implicated by complainant. They further submitted that complainant has registered a case without any basis and after investigation, police has already filed a charge-sheet. They further submitted that police has kept investigation pending against 9 persons and filing of complete charge-sheet, will take time. They also submitted that a list of 56 witnesses were submitted with charge-sheet and examination will take time. They further submitted that offence is triable by Magistrate First Class and there is no criminal antecedents against any of the applicants.

3. Learned counsel appearing on behalf of applicant-accused Shyam Babu S/o Shri Nanagram Pareek has submitted that present applicant-accused was working as an Accountant, and on basis of daily collection and disbursement, a daily conciliatory- sheet is prepared, which was approved by son of complainant and complainant himself. He further submitted that an audited statement filed by complainant indicate that in year 2023-2024, there was no incident of fraud or embezzlement in the company. He also submitted that one private firm under the proprietorship, complainant Harish Sharma and other is Private Limited Company under the directorship of complainant were run by complainant and on daily basis, a cash book is maintained. He further submitted that not a single incident of fraud, breach of trust, [2025:RJ-JP:35704] (3 of 5) [CRLMB-6373/2025] misappropriation and embezzlement, is mentioned against the applicant-accused. Rather on basis of omnibus allegation, the applicant-accused is arrested by police and now he is not required by police.

4. Learned counsel appearing on behalf of Gaurav Rai has submitted that he was working as an Agent and his role and duty was to deposit collected amount in the office and he is not responsible for any breach of trust or embezzlement as no money was interested upon him.

5. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned Public Prosecutor has submitted report received from SHO, P.S. Shyam Nagar, who is Investigation Officer (IO) in the matter. The Investigating Officer is also present in person to explain role and involvement or present applicants.

6. Learned counsel for complainant has submitted that Jaipur is divided into 6 sites for the purpose of ease of business. He also submits that applicant-accused Gaurav Rai was with Rajbihari Khandelwal for site No.4. He submitted that they have made 432 members and total ₹2.48 crore was disbursed as loan to them, but out of which, 114 were actual members, whose credentials were verified, and credential of 318 members were not verified. He submitted that Rajbihari Khandelwal and Gaurav Rai have committed embezzlement of ₹1.83 crore.

7. Heard learned counsels for the parties and learned Public Prosecutor. Perused the material placed on record.

8. On basis of report lodged by Harish Sharma, the matter is registered and investigated. During investigation, applicants- [2025:RJ-JP:35704] (4 of 5) [CRLMB-6373/2025] accused Ajay and Lokesh were arrested on 26.06.2024, whereas Gaurav Rai on 02.06.2025, Shyam Babu on 26.03.2025 and Rajesh Choradia on 10.11.2024. Police has filed a charge-sheet against arrested persons, but has kept pending against persons absconding. We have considered the material as referred by learned counsel for the applicants particularly Director’s report to the shareholders and independent Auditor’s reports, wherein “Anil Nagori Associates” have certified on 31.07.2024 (FY 2023-2024) that based on audit procedure performed and as per information and explanations given by management, no fraud on or by the company, has not been noticed and or reported during the year.

9. Having considered the material available on record and also role and involvement after investigation, without expressing any opinion on the merits of the case, I am of considered view that it is not a fit case to enlarge applicant-accused Shyam Babu S/o Shri Nanagram Pareek on bail, but it is a fit case to enlarge applicant-accused Gaurav Rai S/o Shri Subhash Rai on bail.

10. Upon hearing the arguments and perusing the record, we have found that the applicant-accused Gaurav Rai is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant-accused Gaurav Rai.

11. Thus, the instant bail application filed on behalf of applicant- accused Gaurav Rai S/o Shri Subhash Rai, is hereby allowed and the applicant-accused is ordered to be released on bail upon [2025:RJ-JP:35704] (5 of 5) [CRLMB-6373/2025] furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled.

12. The Registry is directed to send a copy of this order to the Trial Court through E-mail.

13. S.B. Criminal Miscellaneous Bail Application No.6373/2025 preferred by applicant-accused Shyam Babu S/o Shri Nanagram Pareek under Section 483 of BNSS, is hereby dismissed. GAURAV /157-158 (ASHOK KUMAR JAIN),J