[2025:RJ-JP:32012]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7864/2024

1. Rahul Modi S/o Sh. Virendra Modi, M D Adarsh Credit Co-

Operative Society Limited, Resident Of Adarsh Nagar, Sirohi, Rajasthan. (Presently Confined At Central Jail, Jodhpur, Rajasthan).

2. Rohit Modi S/o Sh Virendra Modi, Modi Street Near Ayurvedic Hospital, Sirohi, Presently Residing At Flat No. B-2304, Sky Tresses, Opposite India International School, Shipra Path, Mansarover, Jaipur. (Presently Confined At Central Jail, Jodhpur, Rajasthan).

3. Ishwar Singh Singal S/o Ranjeet Singh Singal, President Adarsh Credit Co-Operative Society Limited, Ahmedabad, Resident Of 190, Adarsh Nagar, Sirohi. (Presently Confined At Central Jail, Jodhpur, Rajasthan).

4. Vaibhav Lodha S/o Dinesh Kumar Lodha, R/o C-103, Kalpatru Sparkle, Kala Nagar, Bandra Est, Mumbai.

(Presently Confined At Central Jail, Jodhpur, Rajasthan).

5. Bharat Modi S/o Devi Chandra Modi, R/o Sunarwada, Sirohi, Rajasthan. (Presently Confined At Central Jail, Jodhpur, Rajasthan).

6. Mukesh Modi S/o Prakash Raj Modi, R/o Modilane, Sirohi, Adarsh Nagar, Sirohi, Rajasthan. (Presently Confined At Central Jail, Jodhpur, Rajasthan).

7. Bharat Das Vaishnav S/o Mandas Vaishnav, R/o Adarsh Nagar, Link Road, Man Bahwan, Sirohi, Rajasthan.

(Presently Confined At Central Jail, Jodhpur, Rajasthan).

----Petitioners Versus

1. State Of Rajasthan, Through PP, SOG.

----Respondents For Petitioner(s) : Mr. V.R. Bajwa, Sr. Advocate assisted by Mr. Vikas Kabra, Mr. Kuldeep Singh, Mr. Kunal Agarwal, Mr. Vikram Sharma &

Mr. Rohit Rajliwal.

For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG.

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

12/08/2025

1. Instant bail application is preferred by petitioners-accused (i)

Rahul Modi S/o Sh. Virendra Modi; (ii) Rohit Modi S/o Sh Virendra Modi; (iii) Ishwar Singh Singal S/o Ranjeet Singh Singal; (iv) Vaibhav Lodha S/o Dinesh Kumar Lodha; (v) Bharat Modi S/o Devi Chandra Modi; (vi) Mukesh Modi S/o Prakash Raj Modi; and (vii) Bharat Das Vaishnav S/o Mandas Vaishnav, under Section 439 read with Section 167(2) of Cr.P.C. in a matter arising out of FIR No. 24/2018, registered at Police Station – Special Operations Group (SOG), Jaipur for the offence under Sections 420, 406, 409, 467, 468, 471, 477-A and 120-B of IPC.

2. The brief facts of the case are that in FIR No. 24/2018, P.S. -

SOG while these petitioners were in custody, an application under Section 439 read with Section 167(2) of Cr.P.C. filed by these petitioners were dismissed by learned Special Judge (Sati Prevention Cases) Rajasthan & Addl. Sessions Judge, Jaipur Metro-II, on dated 10.05.2024.

3. In the said FIR No. 24/2018, when date for remand paper is fixed on 11.02.2020, an application under Section 167(2) of Cr.P.C. is filed on 11.02.2020 at 11.30 AM before learned Additional Chief Metropolitan Magistrate (Communal Rights), Jaipur Metro, Jaipur for grant of default bail as SOG has failed to file charge-sheet within 90 days as mandated under the law. The application was considered and disposed of by learned Trial Court on 11.02.2020 on the ground that the Investigating Officer has filed charge-sheet at 01:20 PM, though petitioners-accused have contended that an incomplete charge-sheet has been filed before the learned Trial Court and that too after application of default bail submitted by petitioners. Learned Trial Court after considering the case of the present petitioners-accused, has dismissed the application under Section 167(2) of Cr.P.C.

4. Aggrieved, petitioners-accused have preferred a D.B. Civil Writ Petition No. 4134/2021 before the Division Bench of this Court to challenge the order dated 11.02.2020 with issue of filing of incomplete charge-sheet by SOG before the Trial Court. The D.B. Civil Writ Petition is disposed of on

11.08.2023 in the following manner:-

“31. The aforesaid order passed by the Hon’ble Supreme Court leaves no scope for interference by this Court in exercise o