[2026:RJ-JP:12213] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14519/2025 Mohit Sharma Son of Shri Mukesh Kumar Sharma, aged about 29 Years, Resident of Shop No. 24, Bilochi Nagar, 06 Dukan Benad Road, Jhotwara, District Jaipur (Raj.) ----Applicant Versus State of Rajasthan through P.P. ----Respondent For Petitioner(s) : Mr. Rohit Kumar Gupta with Mr. Yogesh Sharma For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 24/03/2026 1. The instant anticipatory bail application has been filed under Section 482 of the BNSS, 2023 on behalf of the accused-applicant in connection with FIR No.245/2025 registered at Police Station Kotwali, District Alwar for the offence(s) under Sections 420 and 406 of the IPC. 2. Learned counsel for the accused-applicant submits that the dispute involved in the present matter is primarily civil in nature. It is further submitted that the alleged offences are triable by the Magistrate, and therefore, the concession of anticipatory bail should be granted to the applicant. 3. Per contra, learned Public Prosecutor has vehemently opposed the instant bail application. It is submitted that the applicant, while being employed with the complainant-Indira IVF Fertility Centre at Alwar, breached the trust of the employer and [2026:RJ-JP:12213] (2 of 2) [CRLMB-14519/2025] fraudulently transferred a substantial amount to the tune of approximately Rs. 66 Lacs into his personal bank account. Relying upon the ratio spelled out by the Hon’ble Supreme Court in Srikant Upadhyay v. State of Bihar, 2024 INSC 202, learned Public Prosecutor submits that the power to grant anticipatory bail is an extraordinary remedy that must be exercised sparingly under the exceptional circumstances. 4. Having heard the arguments advanced by learned counsel for the parties and taking note of the fact that the allegations of serious economic offences have been levelled against the applicant; that a substantial amount to the tune of approximately Rs. 66 Lacs has allegedly been siphoned off by the applicant to his own account, relying upon the settled proposition of law as enunciated by the Hon'ble Supreme Court in Srikant Upadhyay v. State of Bihar (supra), and looking to the overall facts and circumstances of the case but without commenting on the merits/demerits of the case, this Court is not inclined to allow the anticipatory bail application of the accused-applicant. 5. Accordingly, the instant anticipatory bail application filed under Section 482 of the BNSS, 2023 stands dismissed. (SAMEER JAIN),J JKP/3