[2026:RJ-JP:731] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 15836/2025 Shyambabu Pareek, S/o Shri Nanagram Pareek, Aged About 56 Years, R/o Shyam Sarover Apartment, Agrawalon Ka Mohalla, Opposite Panchayat Samiti, Jhotwara Jaipur. (Presently Lodged In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sudhir Jain For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Susheel Pujari HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/01/2026 1. This bail application was preferred on behalf of applicant- accused Shyam Babu S/o Shri Nanagram Pareek in a matter arising out of FIR No.34/2024 dated 04.02.2024 registered at Police Station Kotwali, Jaipur (North) for offence under Sections 420, 409, 467, 468 and 120-B of IPC. 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 no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the [2026:RJ-JP:731] (2 of 5) [CRLMB-15836/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned Counsel for the petitioner submits that on 03.09.2025, this Hon’ble Court has dismissed the bail application of the present petitioner but granted bail to a co- accused, Gaurav Rai. He further submitted that the present petitioner was working as an accountant in the firm of the complainant and the material placed on record is not sufficient to draw a conclusion that the present petitioner has misappropriated any amount from the accounts of the complainant. He further submitted that initially a charge- sheet has been filed against some persons but later a supplementary charge-sheet has been filed in another court. He also submitted that the present petitioner is in custody since his arrest on 26.03.2025. He also submitted that the offence for which charge-sheet is filed is triable by Magistrate First Class and till the trial has not begun, and it is not likely that the trial will commence in the near future. He also referred to the list of witnesses and submitted that the list contains more than 50 witnesses and it will take several years to conclude the trial. He further referred to the bail order dated 19.09.2025 passed in 2nd Bail Application No. 11227/2025, Lokesh Singh v. State of Rajasthan, passed by a Co-ordinate Bench and submitted that after framing of the charge, when the evidence was not recorded, this Honorable Court has granted bail to Lokesh Singh Khichi. 4. The aforesaid contentions were opposed by Learned Public Prosecutor and Learned Counsel for the complainant. [2026:RJ-JP:731] (3 of 5) [CRLMB-15836/2025] Learned Counsel for the complainant has submitted that this Hon’ble Court, after considering the merits of the case, has dismissed the bail application on 03.09.2025 and no circumstances have been changed thereafter, therefore, the petitioner is not entitled to be enlarged on bail. 5. Heard Learned Counsel for the parties and Learned Public Prosecutor and perused the material placed on record. 6. This Court has considered the first bail application of the present petitioner on 03.09.2025 and observed as under: On basis of report lodged by Harish Sharma, the matter is registered and investigated. During investigation, applicants-accused Ajay and Lokesh were arrested on 26.06.2024, whereas Gaurav Rai on 02.06.2025, Shyam Babu on 26.03.2025 and Rajesh Choradia on 10.11.2024. Police has filed a charge-sheet against arrested persons, but has kept pending against persons absconding. We have considered the material as referred by learned counsel for the applicants particularly Director’s report to the shareholders and independent Auditor’s reports, wherein “Anil Nagori Associates” have certified on 31.07.2024 (FY 2023-2024) that based on audit procedure performed and as per information and explanations given by management, no fraud on or by the company, has not been noticed and or reported during the year. 7. The material on record clearly indicates that the main accused, Lokesh Singh Khichi, in the charge-sheet has been granted bail by a Coordinate Bench on 19.09.2025 when no evidence was recorded after framing of the charge. A Coordinate Bench has observed that 56 witnesses were [2026:RJ-JP:731] (4 of 5) [CRLMB-15836/2025] listed in the charge-sheet and the accused Lokesh Singh Khichi had remained in custody for more than one year. 8. This Court has also granted bail to Gaurav Rai. Admittedly, Gaurav Rai and Lokesh Singh are agents. The material submitted on record indicates that a supplementary charge- sheet against the present petitioner, Gaurav Rai and Rajesh, were filed on 23.06.2025. The order-sheet dated 23.06.2025 indicates that the original charge-sheet and the supplementary charge-sheet against other accused were transferred to the Court of Additional Chief Judicial Magistrate No. 2, Jaipur Metro–II. It means that the charge- sheet against the present petitioner and the charge-sheet against the other accused are pending in different courts. 9. The order-sheet further indicates that no efforts were made by the trial court even to frame the charge. There is no criminal antecedent against the petitioner. The petitioner was working as a cashier. 10. Considering the totality of the facts and circumstances of the case and also the entire material placed on record, in particular the delay occasioned in the instant case and the fact that other accused have already been released on bail and no evidence has been recorded so far in the main charge-sheet, it is appropriate to consider the bail application of the present petitioner. 11. 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, [2026:RJ-JP:731] (5 of 5) [CRLMB-15836/2025] 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. 12. Thus, the instant bail application filed on behalf of applicant- accused Shyambabu Pareek S/o Shri Nanagram Pareek, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) 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. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 13. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /05