[2025:RJ-JP:35832] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7374/2025 Rahul Gupta @ Nakta S/o Rakesh, Aged About 35 Years, R/o House No. D-03, 19/05, Rama Vihar, Police Station Aman Vihar, Rohini, Delhi-81 At Present Lodged In The Central Jail, Kota. ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9737/2025 Sanjeev Chopra @ Shera S/o Late Nanakchand Chopra, Aged About 45 Years, R/o House No. 111, Shahpura Road, Behind Khalsa School, Near Fieldganj Bazar, Police Station Division-2, Ludiyana (Punjab). (At Present Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ashvin Garg with Mr. Nonit Hatila Mr. Nitin Kumar Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 28/08/2025 1. The present bail applications under Section 483 of BNSS are filed by the applicants-accused Rahul Gupta @ Nakta S/o Rakesh and Sanjeev Chopra @ Shera S/o Late Nanakchand Chopra seeking bail in respect of a criminal case registered as FIR No.487/2024 dated 26.11.2024 [2025:RJ-JP:35832] (2 of 4) [CRLMB-7374/2025] registered at P.S. Gumanpura, District – Kota City, for the offence under Sections 310(2), 140(3), 331(3), 204, 205, 61(2) and 3/5 of BNS. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. He also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioners submitted that FIR is registered against unnamed persons. He further submitted that even identity details of accused were not mentioned by complainant. He further referred the statement and report and submitted that four persons were mentioned in the report and involvement of fifth person is not mentioned by complainant. He further referred daily diary note dated 14.12.2024 and submitted that Kamaljeet and Rahul Gupta were interrogated by IO when they were arrested in FIR No.235/2024 P.S. Crime Branch, New Delhi but both were not arrested in the instant case. He further submitted that on 01.03.2025, joint recovery of ₹15,000/- was effected from Rahul and Kamaljeet but after three months of interrogation on 14.12.2024. He further submitted that there is no evidence to record involvement of fifth person. He further referred test identification parade (TIP) conducted by [2025:RJ-JP:35832] (3 of 4) [CRLMB-7374/2025] police and submitted that at the time of arrest in the instant case, petitioner was not kept in veil and objection is filed by filing an application, therefore TIP report cannot be read as a piece of evidence against the petitioners. He also referred the details of investigation given by police mentioned at the time of filing of charge-sheet. He also submitted that police has already filed charge-sheet against four persons and found involvement of Mahesh and Amarjeet, which is contrary to version in FIR and statement of victim complainant. He further submitted that petitioners are in custody since their arrest. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of written complaint lodged by complainant Vishal on 25.11.2024 about robbery of ₹36 lacs by three persons personating themselves as police on pretext of false allegations, the matter is registered and investigated. During investigation, police has interrogated Rahul Gupta and Kamaljeet on 14.12.2024 but after arrest in present matter, has jointly recovered some money from them. The information under Section 23(2) of BSA is also recorded by police. The petitioner Rahul is arrested on 11.02.2025 and Sanjeev is arrested on 23.12.2024. The police has filed charge-sheet against four persons, Rahul, Kamaljeet, Amit [2025:RJ-JP:35832] (4 of 4) [CRLMB-7374/2025] and Sanjeev but kept pending against two persons. The material on record indicated that 14 criminal cases were registered against Rahul Gupta and only one case has been disposed of but remaining are pending. Similarly 11 cases were registered against Sanjeev. The police has filed a charge-sheet. The accused remained involved in identical nature of cases. 7. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicants is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicants accused on bail. 8. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicants accused at this stage. 9. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Rahul Gupta @ Nakta S/o Rakesh and Sanjeev Chopra @ Shera S/o Late Nanakchand Chopra are hereby dismissed. (ASHOK KUMAR JAIN),J PREETI VALECHA /68-69