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2026 DAILYLAW 15084 (RAJ)

JITENDRA SINGH SHEKHAWAT v. STATE OF RAJASTHAN

CRLMB/301/2026 · 2026-01-12

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:1060] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Third Bail Application No. 301/2026 Jitendra Singh Shekhawat S/o Jagdish Singh Shekhawat, Age about 29 years, R/o A-80, Anupam Vihar, Maharana Pratap Road, Panchawala, Police Station Karni Vihar, Jaipur. (At present Confined in Central Jail Jaipur) ----Petitioner Versus State of Rajasthan, through P.P. ----Respondent For Petitioner(s) : Mr. Gajveer Singh Rajawat For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/01/2026 1. This third bail application under Section 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.19/2025 registered at Police Station Cyber Police Station, Commissionerate Jaipur, District-Dy. Commissioner Police (Crime), Commissionerate, Jaipur for offences punishable under Sections 318(4) & 61(2)(b) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3, 4, 5 & 6 of Rajasthan Public Examination (Use of Unfair Means) Act, 1992. After completion of investigation, police filed charge-sheet in this matter for offences punishable under Sections 318(4), 61(2)(b), 316(5) & 238(c) of BNS 2023, Sections 43, 66 & 66C of Information Technology Act and Sections 3, 4, 5 & 6 of Rajasthan Public Examination (Use of Unfair Means) Act, 1992. [2026:RJ-JP:1060] (2 of 4) [CRLMB-301/2026] 2. The first bail application filed on behalf of the petitioner was dismissed by this court vide order dated 29.07.2025. Thereafter, second bail application filed on behalf of petitioner was dismissed as withdrawn by this court vide order dated 28.10.2025 while giving liberty to the petitioner to renew the prayer for bail before the learned trial Court under the provisions of Section 480(6) of BNSS (corresponding to Section 437(6) of Cr.PC). The bail application preferred by the petitioner before the learned Magistrate was dismissed vide order dated 18.12.2025. Thereafter, he preferred bail application under Sections 483 of BNSS before the learned Special Judge (Fake Note Cases) Jaipur Metropolitan-I however, said bail application was also dismissed vide order dated 24.12.2025 thus, this third bail application has been preferred on behalf of the petitioner. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that petitioner is facing Magistrate trial and it is obligatory for the learned trial Court to conclude the trial within a period of 60 days from the first date fixed for recording prosecution evidence. Counsel submits that said provisions are mandatory in nature and bail can only be refused on the basis of reasonable grounds. Counsel submits that no such grounds are available on record in this case. Counsel submits that delay cannot be attributed to the petitioner as it is evident from the order-sheet that proceedings were deferred on number of occasions and for different reasons. Counsel submits that there are no criminal antecedents against the petitioner and there is bleak chance of culmination of trial in [2026:RJ-JP:1060] (3 of 4) [CRLMB-301/2026] near future. Petitioner is in custody since 31.01.2025 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the bail application. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced by learned counsel for the parties as well as material made available on record in the form of charge-sheet, especially the fact that alleged offences are triable by Magistrate, so also considering the fact that petitioner is in custody since 31.01.2025 and there is bleak chance of culmination of trial in near future, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this third bail application. 7. This third bail application is accordingly allowed and it is directed that accused-petitioner- Jitendra Singh Shekhawat S/o Jagdish Singh Shekhawat shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 8. It is made clear that petitioner shall co-operate with the learned trial Court in conclusion of the trial at earliest. 9. Prosecution would be at liberty to seek cancellation of bail if delaying tactics are adopted by the petitioner during the course of [2026:RJ-JP:1060] (4 of 4) [CRLMB-301/2026] trial. 10. The observation made hereinabove is only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /23