[2025:RJ-JP:48120] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 13183/2025 Jagdish Narayan Sharma S/o Ram Pratap Sharma, R/o Mehtao Ki Dhani, Sector -22, Pratap Nagar, Police Station Pratap Nagar, Jaipur. (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mahesh Gupta with Mr. Shyam Sunder For Respondent(s) : Mr. Ashvin Garg with Mr. Nonit Hatila Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 24/11/2025 1. Instant 2nd application for bail filed under Section 483 of BNSS by the applicant-accused Jagdish Narayan Sharma S/o Ram Pratap Sharma, in FIR No. 366/2024 dated 13.05.2024 registered at P.S. Jawahar Circle District – Jaipur City (East), whereby the applicant-accused was charged under Sections 420, 406, 467, 468, 471, 120B of IPC. 2. The applicant was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, submits that the investigation relating to present applicant- [2025:RJ-JP:48120] (2 of 5) [CRLMB-13183/2025] accused is complete and is no more required by the Investigating Agency for investigation. 4. Learned counsel for applicant submits that the age of present applicant is 62 years and after dismissal of bail application on 25.08.2025, statement of complainant was already recorded and there is no chance of influencing the complainant. He also submits that the offence is triable by Magistrate First Class and in the instant case, the police has not named Hasanpura Housing Society as an accused but as a scapegoat, it has implicated present applicant. He also submits that 11-12 cases of similar nature, were registered against the present petitioner. He further submits that there are 5 other cases and all are identical in nature. He further submitted that the applicant is in custody for more than 6 months and he is entitled to be released on bail on ground of period of custody and also on the ground that offence is triable by Magistrate First Class. 5. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned counsel for complainant has submitted that present applicant is mastermind of entire crime of cheating. He also submits that mostly the victims are senior citizens, who invested their hard earned money in the project as promised by present applicant, but their money was misappropriated by the applicant. He also submits that 44 powerful aggrieved persons, were returned money but remaining were not returned money by the applicant. [2025:RJ-JP:48120] (3 of 5) [CRLMB-13183/2025] 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. 7. On 25.08.2025 by a detailed order we have dismissed the bail application of present applicant and observation is reproduced as under:- On the basis of complaint by complainant against accused for sell of residential plots in Parshwanath Enclave extension and collection of money (sale consideration) by present petitioner from complainant, a criminal case is registered. After registration of case, police has investigated the matter and after finding role and involvement of present petitioner arrested him and filed charge-sheet. It is apparent on record that complainant is a senior citizen and he paid money to purchase residential plot in the scheme offered by petitioner accused but neither was given land nor returned money. The petitioner accused has lodged an FIR no. 266/2024 at P.S Sanganer, wherein police has filed a closure report (FR). This matter was sent for further investigation by learned ACJM No.13, Jaipur Metropolitan-I Headquarter Sanganer on 15.07.2025. The material on record indicate that consent letter is executed by Jagdish Narayan Sharma to show that the entire responsibility of Parshwanath Enclave extension situated at Vatika Road, Tehsil Sanganer will be of petitioner accused Jagdish Narayan Sharma. A copy of all 15 FIRs registered against petitioner accused is submitted by learned counsel for complainant. The police has also mentioned registration of 11 cases against petitioner accused. Out of which 3 cases of identical nature were registered in the year 2023 [2025:RJ-JP:48120] (4 of 5) [CRLMB-13183/2025] and one in the year 2024 and rest in 2025. Though, charge-sheet has been filed against petitioner accused but still looking to criminal antecedents against petitioner accused and further his role and involvement in the instant case, I am of the considered view that this is not a fit case to enlarge petitioner accused on bail on the grounds raised by learned counsel for petitioner. 8. Now, the complainant has been examined before the Trial Court and we have considered the statement of complainant in particular cross-examination. The evidence clearly suggests that the entire allegation is upon the present applicant, who lured the complainant and other individuals to invest in the project as suggested by him, but ultimately they were neither handed over the land nor refunded money. The offence is of a very serious nature and considering the number of victims, and the manner in which the entire act was committed, it is sufficient to draw a conclusion that applicant has acted with pre-meditated plan, therefore, this is not a fit case to enlarge applicant on bail. 9. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 10. Accordingly, the 2nd application for bail filed under Section 483 of BNSS preferred by Jagdish Narayan Sharma S/o Ram Pratap Sharma, is hereby dismissed. [2025:RJ-JP:48120] (5 of 5) [CRLMB-13183/2025] 11. The Trial Court is directed to expedite the trial and make all endeavour to conclude within six months from date of receipt of copy of order. (ASHOK KUMAR JAIN),J GAURAV /107