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2026 Supreme(Online)(Raj) 12907

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Ravi Chirania, J
Shyam Lal Meena – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous 2nd Bail Application No. 1726/2026



Advocates:
For the Appellants/Petitioners: Deepak Chauhan
For the Respondents: Vijay Singh Yadav, Deepak Sharma

Bail may be denied where there is evidence of a systematic fraud (modus operandi) involving the sale of land to multiple parties and collusion with housing societies to defraud innocent purchasers, especially when the petitioner makes false statements to the court.

Headnote:The petitioner sought bail under Section 483 B.N.S.S. in connection with FIR No. 0210/2022 registered for offences under Sections 323, 341, 384, 420, 406, 120-B, and 506 of the IPC. The facts center around a residential scheme where plot buyers, including the complainant, were obstructed from entering their properties by the petitioner and other khatedars, despite the khatedars having received consideration from the housing society for the land. The court found that the petitioner's father had entered into agreements and a Power of Attorney with the housing society, and bank statements confirmed receipt of large sums of money. The primary issue was whether the petitioner was entitled to bail despite allegations of collusion with a housing society to defraud innocent plot-holders. The court observed a modus operandi where khatedars take money from societies, allow plots to be sold to third parties, and subsequently obstruct possession or sell the land again to other parties, attempting to mask the fraud as a civil dispute. The court noted that the petitioner, acting for his illiterate father, was deeply involved in these transactions and had made false statements regarding the lack of transactions. Consequently, the criminal misc. second bail application is dismissed.

Table of Content
1. background of the bail application and allegations of fraud and obstruction of property. (Para 1 , 2 , 3 , 4)
2. investigation reveals collusion between khatedars and housing society in selling plots. (Para 5 , 6 , 7 , 8)
3. petitioner's claims of ownership contradicts financial evidence of payments received. (Para 9 , 11)
4. identification of a fraudulent modus operandi used by khatedars to cheat plot-holders. (Para 10 , 12 , 14 , 15 , 16)
5. denial of bail due to seriousness of allegations and involvement in fraud. (Para 13 , 17 , 18)

Order

1. Date of conclusion of Arguments 06.04.2026
2. Date on which the judgment was reserved 06.04.2026
3. Whether the full judgment or only operative part is pronounced Full
4. Date of pronouncement 23.04.2026

1. The petitioner has filed this second bail application under Section 483 B.N.S.S. after his first bail application was dismissed as withdrawn by this Court vide order dated 17.12.2025.

2. Learned counsel for the petitioner Mr. Deepak Chauhan, submitted that the complainant has lodged the impugned FIR bearing No.0210/2022 dated 10.06.2022 for the offences under Sections 323, 341, 384, 420, 406, 120-B & 506 of IPC at Police Station Ram Nagaria, Jaipur City (East). Learned counsel further submitted that it has been stated in the FIR that the complainant purchased the plot bearing No. C-78 through registered sale deed dated 30.07.2014 in the Residential Scheme namely, Sh. Narsingh Arcade floated by a private Residential Housing Society known as Narsingh Developers and Colonizers Private Limited (hereinafter referred to as 'the housing society').

3. Mr. Deepak Chauhan, learned counsel for the petitioner further submitted that the complainant has alleged that when he tried to enter into his property bearing No. C-78 on 24.04.2022, he was obstructed by the persons as named in the FIR including the present petitioner as they were not allowing him to enter into the plot. Also, the petitioner had raised a boundary wall surrounding the plot and not allowing the complainant to construct his house. He further stated that accused-person are threatening him to surrender the papers of the plot and forcing him to sell the said plot to them and in view thereof, he filed the impugned FIR at the police station.

4. Learned counsel submitted that, police after conducting the investigation, has filed the charge-sheet bearing No.1/25 dated 28.12.2025 for offences under Sections 420, 406, 120-B & 384 IPC. He further submitted that the petitioner has nothing to do with the alleged offences, as the land in controversy belongs to his father and other relatives, who are khatedars and owners of the land however, they did some transactions with the above named Housing Society in the past. Learned counsel submitted that petitioner has not committed any offence as alleged in the impugned FIR. Learned counsel further stated that the petitioner is behind the bars since 31.10.2025 and other co-accused persons have already been enlarged on bail either by the learned trial Court or the Coordinate Bench of this Court. In view thereof, it is prayed that the petitioner may be enlarged on bail.

5. This Court, while dismissing the first bail application vide order dated 17.12.2025, noted that there are as many as seven FIRs including the present one against the present petitioner and other persons who are also khatedars. All the FIRs were registered in the year 2022 and 2023, at the same Police Station with the same allegation. Considering the fact that so many FIRs were registered against the present petitioner and co-accused persons and in some of the matters police also noted some serious collusion between the present accused-petitioner and the other persons including the housing society, therefore, this Court directed the Investigating Officer of the said case to appear before the Court. In compliance of order dated 06.03.2026, Investigating Officer appeared before the Court and inf

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