[2026:RJ-JP:23201] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6992/2026 Bhagwan Sahai S/o Shankar Lal Saini, Aged About 45 Years, R/o House No. 46, Vishnu Vihar Colony, Jhotwara, District Jaipur, Rajasthan. (Presently In Judicial Custody In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajendra Kumar Saini For Respondent(s) : Mr. Amit Kumar Gupta, PP Mr. Naresh Gupta, PP Mr. Saransh Saini Mr. Vinod Kumar Sharma HON'BLE MR. JUSTICE BIPIN GUPTA (V. J.) Judgment / Order 15/06/2026 1. The present bail application has been filed under Section 483 BNSS, 2023 against the order dated 28.04.2026, passed by learned Additional District and Sessions Judge No. 1, Jaipur Metropolitan-II, in Bail Application No.218/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.70/2026, Police Station-Jhotwara, District-Jaipur (West) for the offences under Sections 318(4), 316(2), 338, 336(3) and 61(2) of the BNS, 2023. 2. Learned counsel for the petitioner submits that the allegation against the petitioner is that fabrication has been made in the patta by showing the size of the plot as 363.33 square yards instead of 315.5 square yards. He further submits that the said allegation is wholly incorrect, as the concerned Samiti had originally issued the patta for an area measuring 363.33 square [2026:RJ-JP:23201] (2 of 3) [CRLMB-6992/2026] yards. He contends that no forgery whatsoever has been committed by the petitioner. Learned counsel further submits that in the year 2018, a public notice was issued by the competent authority, and even in the said notice, the size of the plot was reflected as 363.33 square yards. He also submits that the challan has already been filed in the case. Learned counsel contends that the conclusion of the trial is likely to take sufficiently long time and that the offences are triable by Magistrate. He, therefore, prays that the petitioner be enlarged on bail, particularly when he has remained in custody since 10.04.2026. 3. Per contra, learned Public Prosecutor and the counsel appearing for the complainant opposes the bail application and submits that the petitioner has committed forgery by manipulating and altering the size of the plot from 315.5 square yards to 363.33 square yards. They further submit that, on the strength of the forged document, the petitioner is attempting to encroach upon the land belonging to the complainant. Learned Public Prosecutor also submits that three criminal cases are pending against the petitioner and that he is also involved in F.I.R. No. 526/2011. On these grounds, they prays that the present bail application preferred by the petitioner may be rejected. 4. Heard learned counsel for the parties as well as learned Public Prosecutor and perused the material available on record. 5. Without expressing any opinion on the merits of the case and upon a consideration of the fact that the petitioner is in custody since 10.04.2026. Moreover, the fact that there was a publication in the newspaper about the fact of the size of the plot of the petitioner being 363.33 sq. yards in the year 2018 itself and [2026:RJ-JP:23201] (3 of 3) [CRLMB-6992/2026] considering the fact that the trial/investigation will take considerable time and the offences are triable my the Magistrate, without commenting on the merits and demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Bhagwan Sahai S/o Shankar Lal Saini arrested in connection with F.I.R. No.70/2026, Police Station Jhotwara, District Jaipur (West), shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/ (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so till the completion of the trial and with additional following conditions: (i) The petitioner shall not leave country without the permission of the Court; (ii) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; and (iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (BIPIN GUPTA (V. J.)),J TUSHAR KUMAWAT/42