[2025:RJ-JP:30895] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1090/2025 Rajkumar Roy S/o Late Shri Jagannath Roy, R/o 1/38 Nelli Nagar, Post Haltu Thana Gandfa, Kolkata, West Bengal - 700078 ( At Present In Correctional Home, Mednapore, Kolkata-721102 Custody) ----Petitioner Versus State Of Rajasthan, Represented Through The Learned Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Ashok Prajapat For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Rajkumar Roy S/o Late Shri Jagannath Roy in FIR No. 28/2017 dated 02.11.2017 registered at P.S. Special Police Station, SOG District ATS and SOG Jaipur, whereby the applicant-accused has charged under Sections 420, 406, 409, 467, 468, 471, 201 and 120-B of IPC and Section 65 of IT Act. 2. Learned counsel for applicant submits that applicant is an innocent person and he is in custody since his arrest on 21.05.2018 and the period of custody is more than 7 years. He also submits that till date only one witness is examined whereas there are 260 witnesses in the list submitted by the prosecution agency. He further submits that there is no likelihood to conclude [2025:RJ-JP:30895] (2 of 4) [CRLMB-1090/2025] the evidence in another 5 years’ time and keeping the applicant- accused behind the bars would serve no purpose. 2. Learned counsel has further referred bail order of Binay Singh, Manoranjan Roy, Arup Thakur, Hari Singh and Raghu Jaya Shetty and submits that all these were named in the FIR were granted bail by a Co-ordinate Bench of this Court and case of present applicant is even on better footings than who granted bail. 3. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted report received from Additional DG, (ATS and SOG) and apprised the Court that this is a multi crore scam and present applicant is man kingpin of the entire operation. He also submitted that several persons were cheated by company in the name of investment. 4. Heard learned counsel for applicant and learned Public Prosecutor. Perused the material placed on record along with report received from SOG. 5. The order submitted by learned counsel for applicant indicate that applicant-accused Binay Singh and Manoranjan Roy were granted bail on 04.08.2023 whereas Hari Singh on 29.09.2023, Arup Thakur and Raghu Jaya Shetty on 16.04.2024 by a Co- ordinate Bench of this Court. A report dated 29.07.2025 received from learned Additional Chief Magistrate No. 9, Jaipur Metro-I clearly indicate that initially a charge-sheet has been filed against Binay Singh, Manoranjan Roy, Hari Singh and Raghu Jaya Shetty and thereafter this matter was transferred at the stage of charge. Thereafter, charge-sheet has been filed against Raj Kumar, Deepak, Deepankar and Arup Thakur. The Trial Court has framed [2025:RJ-JP:30895] (3 of 4) [CRLMB-1090/2025] charges on 25.11.2021 / 14.12.2021 / 24.12.2021 / 12.08.2022/ 01.10.2022 and fixed for prosecution evidence on 15.10.2022. 6. The prosecution has examined PW-1 Amir Khan but while recording evidence of Sandeep Ghosh (PW-2), two accused Manoranjan Roy and Hari Singh remained absent and their bail bonds were forfeited. The Trial Court has informed that two accused Raghu Jaya Shetty and Raj Kumar are in custody whereas Arup Thakur, Binay Singh and Deepak are on bail whereas Hari Singh and Manoranjan Roy are absconding. 7. Section 346 of BNSS empowers the Court to record evidence even if a party or counsel is not cooperating for recording evidence particularly cross-examination. A corresponding provision was also there under Section 309 of Cr.P.C. The seriousness has to be depicted from the action of the Trial Court as the Trial has to be conducted on day to day basis and not in ordinary and lethargic manner. 8. Herein, this case having gone through the material available on record and also role and involvement of present applicant, I am of the considered view that this is not a fit case wherein this applicant be released on bail on the ground that he is in custody for more than five years. 9. The circumstances available on record clearly indicate that matter has been delayed by one or the other reason which includes delay caused by the accused and if a delay is caused by co-accused, though it is not beneficial to other co-accused then duty of the Court is to handle such delay but in any case looking to gravity of the charge, I am of the considered view this applicant [2025:RJ-JP:30895] (4 of 4) [CRLMB-1090/2025] is not entitled to seek parity with those who are already granted bail by a Co-ordinate Bench of this Court. 10. Having considered the totality of facts and circumstances of the case the bail application of present applicant Rajkumar Roy S/o Late Shri Jagannath Roy is hereby dismissed. 11. The Trial Court is directed to expedite the trial and try to dispose of criminal case within a period of one year from the date of receipt of copy of this order. 12. The Additional DG (SOG) is directed to appoint an Officer In- charge, not below the rank of Additional SP to remain present on every date of hearing before the Trial Court and to ensure that the process issued by the Court be properly served upon witnesses and they remain present on date fixed by the Court. Addl. DG shall ensure all possible assistance to the prosecution to conclude the Trial within a stipulated time. Any deviation will be viewed seriously. (ASHOK KUMAR JAIN),J MONU /05