[2025:RJ-JP:44960] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7320/2025 Gajendra Singh S/o Dalpat Singh, Aged About 38 Years, R/o Plot No. 391, Udyog Nagar, Jhotwara, Police Station Jhotwara, Jaipur, Rajasthan. ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Dr. Ganesh Parihar with Mr. Vishnu Shekhar Badhaya For State For Complainant : : Mr. Rhishi Raj Singh Rathore, PP Mr. Pramod Singh HON’BLE MR. JUSTICE SAMEER JAIN Judgment 10/11/2025 1. The present bail application has been filed under Section 482 BNSS in connection with FIR No. 727/2019 registered at Police Station Bajaj Nagar District Jaipur for the offence(s) under Sections 420, 406 IPC. 2. In pursuance and compliance of the directions given by this court on 27.10.2025, a copy of order dated 28.04.2022 passed under Section 428 Cr.P.C. by the Co-ordinate Bench of this Court in S.B. CRL.M.P No. 926/2021 has been placed on record. Learned counsel for accused-applicant has relied upon an agreement dated 29.01.2019 and has accordingly submitted that as per the aforesaid agreement, applicant is a sleeping director of the company, who is not actively involved in management or conduct of the business. [2025:RJ-JP:44960] (2 of 3) [CRLMB-7320/2025] 3. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the instant bail application and submitted that the applicant is absconding from a long time and the same is evident from the order dated 28.04.2022 passed by the Co-ordinate Bench of this Court. 4. Heard the arguments advanced by learned counsel for the parties and the order dated 28.04.2022 passed by the Co- ordinate Bench of this Court has been taken on record. 5. On perusal of the aforesaid order dated 28.04.2022 passed in SBCRLMP No. 926/2021, it was observed as under:- 5.1 That applicant is absconding for a long period of time. Relevant portion of the same is reiterated as under:- "It is an admitted position that petitioner and Mohan Singh were Directors of the Heritage Leisure Pvt. Ltd. They executed the sale agreement in favour of the complainant knowingly that they had no title regarding Plot No.A-10 and took Rs.21,00,000/- on various dates and requests were made repeatedly by the complainant for executing the agreement and they had not complied with the agreement and issued a cheque No. 000008 dated 28.03.2019 Punjab & Sindh Bank, Branch Vaishali Nagar, Jaipur to the tune of Rs. 20,15,267/- which was dishonor. So, in my considered opinion, intention of the petitioner as well as Co-Director were to cheat the complainant and they fraudulently executed the agreement in favour of the complainant knowingly that they had no title regarding the said plot. So, the petition filed by the petitioner, being devoid of merits, is liable to be dismissed " 4. Considering the order dated 28.04.2022 passed by the Co-ordinate Bench of this Court in S.B. CRL.M.P No. 926/2021; considering that the applicant is absconding for a long period of time; relying upon the dictum enunciated in Prashant Singh [2025:RJ-JP:44960] (3 of 3) [CRLMB-7320/2025] Rajput v. State of Madhya Pradesh: Crl. Appeal No. 001202/2021, P. Chidambaram v. Directorate of Enforcement: (2019) 9 SCC 24, Nikita Jagganath Shetty @ Nikita Vishwajeet Jadhav v. State of Maharashtra and anr. (2025 INSC 588) and 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 instant bail application of the accused- applicant. 5. Accordingly, the anticipatory bail application is dismissed. (SAMEER JAIN),J Pooja /242