[2025:RJ-JP:36823] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 10124/2025 Upasna Malviya D/o Shri Zaveri Lal, Aged About 25 Years, R/o Sindhe Colony, Plot No. 11/13 Near Police Thana Kothrud Pune Presently Residing At H. No. 2114 Sector 29 Faridabaad, Haryana. (Accused Petitioner Presently Confined In Jaipur Cen- tral Jail). ----Accused/Applicant Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mohd. Tahir, Adv. Mr. Mohd. Haris, Adv. For Respondent(s) : Mr. Vivek Sharma, Addl.G.A Mr. Devi Singh, Dy.G.A HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 11/09/2025 1. The first bail application filed on behalf of the accused- applicant has been dismissed as withdrawn by this Court vide order dated 18.07.2025 passed in S.B. Criminal Miscellaneous Bail Application No.6824/2025. 2. The present second bail application has been filed by the accused-applicant under Section 483 of the B.N.S.S., 2023 against the order dated 30.07.2025 passed by learned Additional Sessions Judge No.2 Jaipur Metropolitan-II (hereinafter referred to as the learned 'trial Court') in Bail Application No.1888/2025 arising out of FIR No.88/2025, registered at Police Station Chitrakoot, Jaipur (West) for the offences punishable under Sections 316(2), 318(4), 61(2) of B.N.S., 2023 has been dismissed. [2025:RJ-JP:36823] (2 of 4) [CRLMB-10124/2025] 3. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel for the accused-applicant also submits that the name of the present accused-applicant is not mentioned in the FIR. Learned counsel for the accused-applicant contends that as per the employee ID card issued to the accused-applicant by the company, she is an employee of 'M Rose Heaven Hospitality Pvt Ltd' and the alleged amount has been credited in its account. The Directors of 'M Rose Heaven Hospitality Pvt Ltd' are namely Ranjeet Singh and Rakesh Kumar. Therefore, the present accused- applicant is not the recipient of any alleged amount and has not committed any offence of fraud or cheating with the complainants. 4. Learned counsel for the accused-applicant argues that the accused-applicant is 25 years of age and was arrested on 05.05.2025 and since then, she is behind the bars. Learned counsel for the accused-applicant also argues that there is special provision with regard to bail to the women. There is no criminal antecedent against her. 5. Learned counsel for the accused-applicant contends that the charges levelled against the accused-applicant are triable by Magistrate and the maximum sentence, which can be awarded to the accused-applicant for the said charges is five years. Learned counsel prays that the charge-sheet has already been filed in the matter and trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail. 6. Learned counsel for the accused-applicant placed reliance upon the judgment passed by the Hon'ble Apex Court in the case [2025:RJ-JP:36823] (3 of 4) [CRLMB-10124/2025] of R. Kalyani vs. Janak C. Mehta and Ors. reported in (2009) 1 SCC 516. 7. Learned counsel appearing on behalf the State vehemently opposes this bail application and submits that this is a case where public at large has been cheated and crores of rupees have been fraudulently received by the accused-applicant from many victims on the false pretext of providing them facility of tours and travels. Learned counsel also submit that the huge amount of money is involved in this case and the investigation against other co-accused persons is also pending, therefore, the accused- applicant should not be enlarged on bail. 8. Heard learned counsel for the parties and also perused the material available on record. 9. As per the investigation, the accused-applicant is an employee of 'M Rose Heaven Hospitality Pvt Ltd' and the alleged amount earned by way of cheating has been deposited in the bank account of the said company and not in the personal bank account of the accused- applicant. 10. Considering the overall facts and circumstances of the case; the age and period of custody of the accused-applicant; there is no criminal antecedent against the accused-applicant; the charge-sheet has already been filed and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the second bail application filed by the accused-applicant. 11. Consequently, this second bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused- [2025:RJ-JP:36823] (4 of 4) [CRLMB-10124/2025] applicant namely Upasna Malviya D/o Shri Zaveri Lal arrested in connection with FIR No. 88/2025, registered at Police Station Chitrakoot, Jaipur (West) shall be released on bail; provided that she furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. Accused-applicant will be required to appear before that Court on all dates of hearing, as and when called upon to do so. (ASHUTOSH KUMAR),J TANISHA /2