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2025 DAILYLAW 38065 (RAJ)

LOKESH S/O NITIMAN v. THE STATE OF RAJASTHAN

CRLMB/8092/2025 · 2025-10-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:41541] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8091/2025 1. Lokesh S/o Nitiman, Aged About 48 Years, Resident Of Jaton Ka Mohalla, Mokhampura, Police Station Mokhampura, Tehsil Mauzmabad District Jaipur Currently Residing As Tenant At Nand Singh Shekhawat S House, Anu Vihar Colony, Phulera Police Station Phulera District Jaipur Rural ( At Present Confined At Central Jail Jaipur) 2. Nikhil S/o Lokesh, Aged About 22 Years, Resident Of Jaton Ka Mohalla, Mokhampura, Police Station Mokhampura, Tehsil Mauzmabad District Jaipur Currently Residing As Tenant At Nand Singh Shekhawat S House, Anu Vihar Colony, Phulera Police Station Phulera District Jaipur Rural ( At Present Confined At Central Jail Jaipur) ----Petitioners Versus The State Of Rajasthan, Through P.p. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8092/2025 1. Lokesh S/o Nitiman, Aged About 48 Years, Resident Of Jaton Ka Mohalla, Mokhampura, Police Station Mokhampura, Tehsil Mauzmabad District Jaipur Currently Residing As Tenant At Nand Singh Shekhawat S House, Anu Vihar Colony, Phulera Police Station Phulera District Jaipur Rural ( At Present Confined At Central Jail Jaipur) 2. Nihil S/o Lokesh, Aged About 22 Years, Resident Of Jaton Ka Mohalla, Mokhampura, Police Station Mokhampura, Tehsil Mauzmabad District Jaipur Currently Residing As Tenant At Nand Singh Shekhawat S House, Anu Vihar Colony, Phulera Police Station Phulera District Jaipur Rural ( At Present Confined At Central Jail Jaipur) ----Petitioners Versus The State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Girraj P. Sharma For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP with Mr. Gaurav Gupta, AGA Mr. Deven Pareek Mr. Manish Choudhary Mr. Yogesh Chawla [2025:RJ-JP:41541] (2 of 3) [CRLMB-8091/2025] HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/10/2025 1. The instant bail applications have been filed under Section 483 BNSS on behalf of accused-applicants. (i) In SBCRLMB No. 8091/2025, accused-applicants were arrested in connection with FIR No. 61/2025 registered at Police Station Phulera District Jaipur Rural for the offence(s) under Sections 318(4), 316(2) and 61(2) of BNS. (ii) In SBCRLMB No. 8092/2025, accused-applicants were arrested in connection with FIR No. 197/2024 registered at Police Station Phulera District Jaipur Rural for the offence(s) under Sections 420 and 406 of IPC. 2. Learned counsel for the accused-applicants submits that the applicants No. 1 and 2 are father and the son aged approximately 48 and 22 years, respectively. It is further submitted that they are bread earners of the family. Further, it is submitted that matter is triable by Magistrate and charge-sheet has been filed, moreover, applicants are in custody ever since 28.03.2025. 3. Learned counsel has additionally submitted that amount involved qua the complainant is minuscule and has fairly conceded that there are three criminal antecedents registered against the applicants. Lastly, it is submitted that there is no specific movable or immovable property qua the applicants. 4. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail applications and have submitted that there are strong criminal [2025:RJ-JP:41541] (3 of 3) [CRLMB-8091/2025] antecedents registered against the accused-applicants. It is further submitted that accused-applicants are bypassing the provisions of law i.e., Banking Regulations Act, 1949 and Reserve Bank of India Act, 1934, Moreover, they have extracted money from the innocent investors. Furthermore, it is submitted that scam to the tune of Rs. 64 crores has been played upon public at large, Further, it is submitted that the amount in question was invested in the shares and in the luxury items like imported cars. Additionally, it is submitted that in the factual report, it is reflected that the investors were duped with an assurance to double the invested amount. 5. Considering the arguments advanced by the counsel for the parties and considering the fact that alleged scam to the tune of approx. Rs. 50 to 60 crores has been played with the public; that the amount in question was further invested in the shares and in luxury items by the accused-applicants; that there are strong criminal antecedents registered against the accused- applicants, therefore, looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this Court is not inclined to allow the bail applications of the accused-applicants. 6. Accordingly, the bail applications under Section 483 BNSS are dismissed. (SAMEER JAIN),J Pooja /20-21