[2026:RJ-JP:1762]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16993/2025

1. Shishir Mittal S/o Shri Ashok Kumar Mittal, Aged About 47 Years, R/o 141 A, Talwandi, Kota, District Kota, Rajasthan.

2. Pratiksha Mittal W/o Mr. Shishir Mittal, Aged About 45 Years, R/o 141 A, Talwandi, Kota, District Kota, Rajasthan.

----Petitioners Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. S.S. Hora For Respondent(s) : Mr. Amit Kumar Gupta, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

15/01/2026

1. This anticipatory bail application has been filed under Section 482 of BNSS, 2023 on behalf of accused-petitioners in connection with FIR No.323/2023 registered at Police Station Vigyan Nagar, District Kota City for the offences under Sections 420, 467, 468, 471 and 120-B IPC.

2. Learned counsel for the petitioners submits that the accused- petitioners have been implicated in this case based on false and fabricated facts.

3. It is submitted counsel for the petitioners that the complainant who is the owner of an industrial has sold out the said industrial plot to the accused-petitioners by way of an agreement and has executed a Power of Attorney in favour of the petitioner No.1. It is further submitted that the said Power of Attorney was identified the daughter of the complainant, namely, Ruchi Tiwari and also bears the signature of the witness, namely, Vivek Tiwari, her son-in-law. It is further submitted that on the basis of the said Power of Attorney, a registered sale deed of the said industrial plot was executed in favour of M/s. Vyas Adification LLP of which the accused-petitioners are the partners.

4. It is also submitted that in the FIR it is revealed that the signatures on the Power of Attorney of the complainant are said to be forged, though in the legal notice dated 20.04.2022 served by the complainant to the accused-petitioners, there is no such allegation. In the said legal notice, the only grievance of the complainant is that the accused-petitioners have not paid the full and final amount of the sale.

5. Learned counsel further submits that all the documents as are required for investigation of the case have already been submitted to the Investigating Officer. He also submits that the accused-petitioners are no more required for any kind of interrogation or recovery and he also undertakes that the accused-petitioners would cooperate with the investigation in future.

6. Learned Public Prosecutor vehemently opposed the bail application and submits that as per the FSL reports, the signatures over the Power of Attorney, Will and the agreement do not resembled with the signatures of the complainant.

7. Considered the submissions made by counsel for the accused-petitioners as well as learned Public Prosecutor.

8. Having regard the submissions made by counsel for the petitioners and taking into consideration the allegations against them and so also the facts brought on record as stated above, this Court without expressing any opinion on the merits or demerits of the case deems just and proper to extend the benefit of anticipatory bail to the accused-petitioners.

9. Accordingly, this anticipatory bail application under Section 482 B.N.S.S. is allowed and it is ordered that in the event of arrest of the accused-petitioners named above in connection with FIR No.323/2023 registered at Police Station Vigyan Nagar, District Kota City shall be released on bail, provided each of them furnish a personal bond in the sum of Rs.1,00,000/- together with two sureties in the sum of Rs.50,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

(i) that the petitioners shall make themselves available for interrogation by a police officer as and when required;

(ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the