RAJESH KUMAR MEENA S/O SHRI BHAGWAN SAHAY MEENA v. STATE OF RAJASTHAN
CRLMB/2446/2026 · 2026-03-25
Anil Kumar Upman
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5010 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5010 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:13198] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 2446/2026 Rajesh Kumar Meena S/o Shri Bhagwan Sahay Meena, Aged About 35 Years, R/o Naagal Sherpur, Post Naagal Sherpur, Todabhim, Dist. Karauli, Rajasthan. (At Present Accused Is Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Swadeep Singh Hora, Adv. with Mr. Sahajveer Bejwa, Adv. For Respondent(s) : Mr. Jogmohan Saxena, Adv. Special PP for CBI with Mr. Chinmaya Saxena, Adv. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 25/03/2026
1. The instant second application for bail under Section 483 BNSS has been filed on behalf of the petitioner herein who has been arrested in connection with FIR No.RC 030 2022 A 0003 dated 13.04.2025 registered at Police Station CBI ACB Jaipur, District Jaipur for offences punishable under Sections 409, 420 & 120B IPC. After completion of investigation, Police filed charge- sheet in this matter for offences punishable under Section 120B R/w Sections 409 & 420 IPC, and Section 13(2) R/w 13(1)(c) & (d) and Section 13(2) R/w 13(1)(a) of Prevention of Corruption Act, 1988. 2. Counsel for the petitioner submits that the first bail application preferred by the petitioner was dismissed on merits by
[2026:RJ-JP:13198] (2 of 4) [CRLMB-2446/2026] this Court vide order dated 24.09.2025. Now, this second bail application has been preferred on behalf of the petitioner. 3. It is contended by the learned counsel for the petitioner that after rejection of the first bail application, supplementary charge- sheet has been filed against other accused persons wherein Investigating Agency has cited about 500 witnesses. Counsel further submits that still trial is pending at the stage of cognizance as prosecution sanction has not been accorded by the Investigating Agency with regard to all accused persons. Counsel submits that in these circumstances, further custody of the petitioner without trial is in violation of the fundamental right of the petitioner guaranteed under Article 21 of the Constitution of India. To buttress his contentions, counsel has placed the order- sheets of learned trial Court indicating that the trial is pending for want of prosecution sanction. 4.
Per contra, the learned Special Public Prosecutor appearing for CBI submits that so far as the petitioner is concerned, prosecution sanction has already been submitted before learned Trial Court and the Investigating Agency is in process to obtain the prosecution sanction with regard to other accused persons and within a period of two months, same shall be submitted before learned Trial Court. He further submits that after rejection of the first bail application, there is no substantial change in circumstances. 5. I have considered the rival submissions of both the parties. 6. It is an admitted position that the petitioner was arrested in this case on 09.04.2025 and charge-sheet has already been submitted against him. Presently, admittedly the matter is
[2026:RJ-JP:13198] (3 of 4) [CRLMB-2446/2026] pending at the stage of cognizance, and admittedly till date, learned Trial Court has not taken cognizance of the offence and other accused persons have been charge-sheeted without making their arrest by the CBI. 7.
In view of peculiar facts and circumstance of the case, particularly looking to the fact that earlier first bail application of the petitioner was dismissed on merits after considering all the factual as well as legal aspects of the matter, this Court is not inclined to grant regular bail to the petitioner, but considering the fact that the trial is pending at the stage of cognizance for want of prosecution sanction, I deem it just and proper to release the petitioner on interim bail in the following terms : (i) that accused-petitioner Rajesh Kumar Meena S/o Shri Bhagwan Sahay Meena shall be released on interim bail till the date when learned Trial Court takes cognizance, provided he shall surrender his passport and shall furnish a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lakhs only) together with two sureties in the sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) each to the satisfaction of the learned Trial Court; (ii) That on the date when Trial Court takes cognizance, the petitioner is directed to surrender himself before the Trial Court and he would be at liberty to file fresh bail application on merits; (iii) That Trial Court is also directed to decide the bail application, if any filed by the petitioner, in accordance with law; (iv) That the petitioner shall not influence and contact the witnesses of this case; (v) That during the period of interim bail, the petitioner shall not involve in any other criminal activity. [2026:RJ-JP:13198] (4 of 4) [CRLMB-2446/2026] (vi) If the petitioner breaches any conditions, as aforesaid, during interim bail period, the same shall alone be a reason for the trial Court to cancel his interim bail granted by this Court. 8. With the aforesaid directions, the present second bail application stands disposed of. (ANIL KUMAR UPMAN),J Manoj Solanki /8