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2026 DAILYLAW 19803 (RAJ)

ANOOP SAIN S/O LATE SHRI RAMESHCHAND SAIN v. STATE OF RAJASTHAN

CRLMB/13616/2025 · 2026-01-15

Ashok Kumar Jain

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:1778] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 13616/2025 Anoop Sain S/o Late Shri Rameshchand Sain, Aged About 40 Years, R/o Neem Darwaja Ahir Mohalla, Police Station Atalbandh, District Bharatpur. At Present Tenant House No. 53A, Pawan Putra Vistar Colony, Panchyawala, Jaipur. (Accused Petitioner Presently Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajeev Sogarwal Mr. Pavan Kumar For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/01/2026 1. The present 2nd bail application under Section 483 of BNSS is filed by the applicant-accused Anoop Sain S/o Late Shri Rameshchand Sain, seeking bail in respect of a criminal case registered as FIR No.90/2025 Dated 18.02.2025 registered at Police Station Vidhyadhar Nagar, District Jaipur City (North), for the offence under Sections 308(2), 318(4), 338, 336(3), 340(2), 61(2)(a), 62, 352, 351(2) and 351(3) of BNS, 2023. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are [2026:RJ-JP:1778] (2 of 4) [CRLMB-13616/2025] no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time. 3. Learned counsel for petitioner submits that the first bail application was dismissed on 06.08.2025 and now a charge- sheet has been filed against the petitioner. He further submits that after registration of FIR, The Patta was cancelled by JDA. He also referred the report submitted by Public Prosecutor and submitted that the disputed plot No.10/05 is in possession of complainant and he is enjoining the possession of the property. He further submits that the petitioner will neither claimed nor challenged the title and possession of the complainant. At last, he submits that the offence is triable by Magistrate First Class. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has submitted a report received from concerned Police Station. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of complaint of encroachment on JDA allotted plot No.10/05 under Housing Scheme Vidyadhar Nagar, Jaipur, a report is registered and matter is investigated then it has come to notice that a forged agreement to sell is prepared in the name of Ramjilal and present petitioner, thereafter, the present petitioner has applied for patta in JDA and then JDA [2026:RJ-JP:1778] (3 of 4) [CRLMB-13616/2025] has issued patta but same is canceled on 21.05.2025. The police has found that Ramjilal, Anoop Sain and Rahul Taneja have conspired to fabricate the document (valuable security). 7. After investigation, police has filed a charge-sheet against the present petitioner but kept pending against four other persons under Section 193(9) of BNSS. The details mentioned in charge-sheet indicate that JDA has already cancelled the Patta as claimed by the present petitioner. The latest report dated 14.01.2026 submitted by learned Public Prosecutor indicate that the land in question is in possession of complainant Arun Kumar and he is enjoying the possession of the land. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 9. Thus, the instant 2nd bail application filed on behalf of the applicant-accused Anoop Sain S/o Late Shri Rameshchand Sain is hereby allowed and the applicant- accused is ordered to be released on bail provided he would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- [2026:RJ-JP:1778] (4 of 4) [CRLMB-13616/2025] (i) The applicant-accused will neither claim nor obstruct Plot No.10/05, Vidyadhar Nagar, Jaipur. (ii) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (iii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iv) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (v) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/142-suppl.