[2026:RJ-JP:6090]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2^nd Miscellaneous Bail Application No. 1553/2026 Sanwarmal S/o Sujaram, Aged About 27 Years, R/o Sirohi, Police Station Chandwaji, District Jaipur. (At Present Confined In Central Jail Jaipur).

----Petitioner Versus State Of Rajasthan, Jaipur ----Respondent For Petitioner(s) : Mr. Manish Kumar For Respondent(s) : Mr. Javed Choudhary Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

09/02/2026

1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Sanwarmal S/o Sujaram seeking bail in respect of a criminal case registered as FIR No.85/2025 dated 22.02.2025 registered at P.S. Samod, District – Jaipur Rural, for the offence under Sections

318(4), 338, 336(3) and 61(2)(a) of BNS.

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 applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

3. Learned counsel for petitioner submits that after dismissal of first bail application on 25.09.2025, the trial has not been concluded by the trial court. He further submitted that the petitioner was arrayed as an accused as he was just an attesting witnesses. He also submitted that neither petitioner was a beneficiary nor any financial transaction is alleged against the petitioner. At last, he submitted that there are no criminal antecedents as compared to Raju Prasad, whose second bail application was dismissed by this Hon’ble Court on 09.01.2026.

4. Learned Public Prosecutor and learned counsel for complainant have vehemently opposed the bail application and submitted that the allegations are grave and serious in nature.

5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties.

6. The first bail application of present petitioner was dismissed on 25.09.2025 with following facts:

“8. On basis of a complaint dated 22.02.2025 lodged at P.S. Samud, District Jaipur Rural about transfer of land by fabricated agreement to sell and power of attorney, a report is registered and matter is investigated. During investigation, police has recorded statement of complainant and Neelima Singh, Smita Singh and Girija Shah. Police has found that Dharam Pratap Singh, who deals in properties is well aware about lands of Rajputs, and he is in conspiracy with Raju Prasad, Bhawani Shankar Soni, Sanwarmal and Harphool Choudhary hatched a conspiracy and fabricated the documents, to grab the property in question. Police has also found that a fabricated Will of late Smt. Sobhagya Kanwar (mother of complainat Sudarshan Singh) is also prepared by Dharam Pratap Singh, wherein Raju Prasad and Bhawani Shankar Soni were witnesses and after selling the land, they have collected crores of rupees. The investigation further suggested that by using forged power of attorney Bhawani Shankar Soni has executed 14 sale deeds in favour of Dharam Pratap Singh and in all sale deeds, Raju Prasad and Sanwarmal are witnesses.”

7. Thereafter, accused Raju Prasad has filed second bail application and same was decided on 09.01.2026 and we have observed as under:

8. The main accused Dharam Pratap Singh was arrested on 23.09.2025 and his bail application No. 15785/2025 was filed before this Court. During pendency of the said bail application, Dharam Pratap Singh expired in custody. In the present FIR No. 85/2025, after investigation, the police has filed a charge-sheet against Bhavani Shankar, Sanwarmal, Raju Prasad and Dharam Pratap Singh, while keeping the investigation pending under Section 193(9)

of BNSS.

9. The material on record clearly indicates that Dha