HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2576/2026 Sanjay Goranga Ghosh S/o Goranga Ghosh, Aged About 62 Years, R/o 1103, Cosmos Hills, Himgiri Building, 11Th Floor, Pokhran Road Number 01, Upvan Lek Ke Saamne Jk Gram, Thane West, Thane Police Station, Vartak Nagar, Thane, District Thane Maharastra. (At Present Confined At Dist. Jail Rajsamand)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. B. P. Bohra with Mr. Vaibhav Bhansali and Ms. Divyanshi Thanvi For Respondent(s) : Mr. Urja Ram Kalbi, P. P.

HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

02/04/2026

1. This application for bail has been filed by the applicant under Section 483 of BNSS, 2023 in connection with FIR No.0170/2022, Police Station Nathdwara, District Rajsamand for the offences under Sections 420 & 406 of IPC.

2. Learned counsel for the applicant submits that the accused- applicant, who is old aged person of 62 years, has been falsely implicated in this case. Further, learned counsel invited Court’s attention towards the fact that contents of FIR show that accusation was made against several persons and applicant’s name was not mentioned in it and thus, it shows no direct involvement of the applicant.

3. Learned counsel also submits that after conclusion of the investigation, the police has submitted challan in the matter. He further submits that the accused-applicant is in custody since 27.01.2026 and he is no more required for any kind of interrogation and recovery.

4. Learned counsel for the applicant states that the applicant is behind the bars for an offence which is triable by the Magistrate. He further submits that no case of like nature is pending against the applicant and the trial will take its own time, therefore the accused-applicant may be released on bail

5. Learned Public Prosecutor vehemently opposed the bail application.

6. Heard learned counsel for the parties and perused the material available on record.

7. After going through the challan papers, it is borne out that in the original FIR, the applicant was not named as accused. Only during course of investigation, applicant’s name has been incorporated on the basis of statement given by the applicant under Section 23(2) of the Bhartiya Sakshyam Adhiniyam, 2023, regarding some of the amount received in the bank account of applicant. Apart from the said fact, no direct involvement of the applicant was found in relation to the allegations levelled in the FIR in question. Furthermore, applicant is Senior Citizen of 62 years of age and suffering from Myasthenia disease and another disease relating to kidney, which requires regular treatment.

8. Having regard to the totality of facts and circumstances of the case, considering the fact that offences alleged are triable by Magistrate, challan has already been filed; and that name of the applicant was not mentioned in the FIR; so also conclusion of the trial is going to take a considerable time, coupled with the fact that accused-applicant is in custody since 27.01.2026 and no useful purpose would be served by his continued incarceration, without expressing any opinion on the merits/demerits of the case, I deem it just and proper to grant bail to the accused-

applicant.

9. Consequently, the bail application filed under Section 483 BNSS, 2023 is allowed. The accused-applicant Sanjay Goranga Ghosh S/o Shri Goranga Ghosh arrested in connection with FIR No.0170/2022, Police Station Nathdwara, District Rajsamand shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

10. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

11. Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same sh