[2025:RJ-JP:36439]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 10801/2025 Sarita Kadvasra D/o Shri Dharamveer Singh, Aged About 50 Years, R/o Natiol Chutti, District Churu, Rajasthan Currently O.K. International School, Omaxe City, Police Station IMt, District Rohtak, Haryana. (Presently Accused Petitioner Is Confined In Central Jail, Jaipur).

----Petitioner Versus State of Rajasthan, through PP ----Respondent Connected With S.B. Criminal Misc. 2nd Bail Application No. 10800/2025 Jitendra Yadav S/o Shri Jile Singh, Aged About 39 Years, R/o Near Sunshine School, Singahana Road Byepass, Mahvir Police Chowki, City Police Station Narnaul, District Mahendragarh, Haryana. (At Present Confined In Central Jail, Jaipur).

----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Vedant Sharma and Mr. Shivam Sharma in 10801/2025 Mr. Sajid Ali Khan in 10800/2025 For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG Mr. Dharma Ram Gill, Additional S.P., SOG HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

09/09/2025

1. These second bail applications have been filed by the accused petitioners under Section 483 BNSS in connection with FIR No. 13/2024 registered at Police Station SOG, Jaipur for offences under Section 419, 420, 467, 468, 471 & 120B IPC and Section 66D of IT (Amended) Act, 2008.

2. The earlier bail applications filed by the accused petitioner- Sarita Kadvasra and the accused petitioner-Jitendra Yadav were dismissed by this Court vide order dated 28.01.2025.

3. Learned counsels appearing for the accused petitioners submit that both the accused petitioners are in custody since 05.07.2024 and charges against the accused petitioner-Sarita Kadvasra and the accused petitioner-Jitendra Yadav were framed on 09.12.2024 and 30.09.2024 respectively. Counsels submit that offences alleged against the accused petitioners and the charges framed against them are triable by Magistrate and looking to the custody period of the accused petitioners as they are in custody for more than a year, they deserve to be released on bail as there is no progress in trial.

4. Learned counsels for the accused petitioners further submit that after framing of charges against the accused petitioners on 09.12.2024 and 30.09.2024 respectively, not even a single witness has been examined so far.

5. It is also submitted that the Hon'ble Apex Court, while considering the bail applications of the co-accused namely Paramjeet Singh, Mandeep Kumar and Pradeep Kumar Sharma, has observed that there are as many as 49 witnesses to be examined and there is no likelihood of the trial being completed in near future and the aforesaid co-accused persons were ordered to be enlarged on bail.

6. Learned counsels have also referred the judgment passed in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in (2012) 1 SCC 40, as regards the right of speedy trial of the petitioner given under Article 21 of the Constitution of India.

7. Learned GA-cum-AAG opposed the bail applications and submits that there are serious allegations against the accused petitioners and their first application was dismissed by this Court after taking into consideration the gravity of the allegations against them. Learned GA-cum-AAG also submits that this Court recently has dismissed the bail application of one of the co- accused namely Jogendra Singh and therefore the present bail applications also deserve to be dismissed.

8. Considered the submissions made at bar and also perused the material made available on record.

9. As per the facts on record, the charges have been framed against the accused petitioners on 09.12.2024 and 30.09.2024 respectively. The accused petitioners are in custody since 05.07.2024 and after framing of charges against them long back i.e. more than 8 to 10 months, not even a single witness has been examined so far and the trial has not proceeded even a step ahead.

9. The Hon'ble Apex Court, whil