CRLMB/3011/2026 of DHEERAJ GATTANI S/O SHRI MANOJ GATTANI Vs STATE OF RAJASTHAN on 24 August 2026

Order

24/08/2026

1. The petitioners herein are before this Court seeking bail, having remained under incarceration since 05.08.2025, i.e., more than a year, in a criminal case arising out an FIR No. 0135/2025 dated 12.04.2025 under Sections 406, 420, 120(B) of IPC & 111(2)(b) of the BNS, 2023 and Sections 3/21 & 5/21 of the Banning of Unregulated Deposited Scheme Act, 2019 registered at Police Station Gandhi Nagar District- Ajmer.

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2. Brief facts of the case are the complainant, Kantilal submitted a complaint before the learned Additional Chief Judicial Magistrate No. 02, Kishangarh, Ajmer, alleging that, on the basis of the representations made by Lokesh Choudhary and Dheeraj, he invested a sum of Rs.3,36,100/- in VIP Trade. It was further alleged that the complainant introduced Lokesh Choudhary to several of his friends, relatives and acquaintances, who collectively invested approximately Rs.25 lakh with VIP Trade. The amounts were allegedly paid to Lokesh Choudhary and persons acting on his behalf on different dates and through various modes, including PhonePe, RTGS and other payment mechanisms, into bank accounts specified by Lokesh Choudhary. 2.1 It was further alleged that the accused persons had established an unregistered company under the name VIP Trade and, in pursuance of an alleged criminal conspiracy, induced the complainant and other persons to make investments and thereafter dishonestly retained the amounts so invested. On the basis of the aforesaid allegations, the complaint was submitted seeking initiation of criminal proceedings against the accused persons.

3. Learned counsel for the petitioners contends that the petitioners are innocent and have been falsely implicated in the present case with an ulterior motive. He further contends that a bare perusal of the FIR and the material collected during investigation does not disclose the commission of the offences alleged against the petitioner under Sections 406, 420 and 120B of the IPC, Section 111(2)(b) of the BNS and Sections 3/21 and 5/21 of the Banning of Unregulated Deposit Schemes Act, 2019. He submits that the petitioner neither gave any false assurance to any person regarding investment in VIP Trade nor received any amount from the complainant or any other person, and

(3 of 5) [CRLMB-3010/2026] that he has been implicated merely on account of his being an employee of the concerned company. 3.1 He further contends that both the petitioners have been in judicial custody since 05.08.2025, the charge-sheet has already been filed. Therefore, their further detention is not warranted, particularly when the trial is likely to take considerable time. He submits that the petitioners are permanent resident of the stated address. There is no likelihood of their absconding or tampering with the prosecution evidence or influencing the witnesses. He further contends that both the petitioners are the sole earning members of their respective families. Their continued incarceration would cause severe hardship to their families. Lastly, he submits that the petitioners are ready and willing to abide by any terms and conditions that may be imposed by this Court. Therefore, they deserve to be enlarged on bail.

4. Opposing the above submissions, the learned PP for the State argues that the same are sans merit. The petitioners are not entitled to any relief at this stage, as there remains a genuine risk of their absconding, influencing or intimidating witnesses, and tampering with crucial evidence. He would further submit that petitioners’ earlier bail application was dismissed by the learned ASJ No. 1, Kishangarh, Ajmer vide order dated 03.01.2026 on grounds of gravity of offence and seriousness of the allegations thus, the instant application also deserves to be dismissed.

5. In the aforesaid backdrop, I have heard the rival contentions and perused the case file.

6. I may like to observe at the outset that there may be some substance in some of the arguments addressed on merits by the learned counsel for the petitioners, but the same are a matter of trial.

(4 of 5) [CRLMB-3010/2026] However, at this stage, in light thereof, and other reasons noted here after, it is otherwise a fit case for bail.

7. It is borne out that the petitioners have been in judicial custody since 05.08.2025. The charge sheet has already been filed. The investigation, therefore, stands concluded. The presence of the petitioners are no longer required for the purpose of investigation. The trial is likely to take considerable time to conclude. The petitioners cannot be kept behind bars for an indefinite period as an undertrial.

8. The petitioners are stated to be a permanent resident of the address mentioned in the petition. They, thus, have roots in society. There is no material on record to suggest that he is likely to abscond. Nothing has been placed before this Court to indicate that they would tamper with the prosecution evidence. Similarly, no apprehension has been demonstrated by showing any material that they would influence the witnesses in any manner.

9. The petitioners are stated to have clean antecedents and have families dependent upon them for their well-being and, hence, are not flight risks. Their continued detention, at this stage, may amount to punishment before conviction.

10. It has further been brought to the notice of this Court that the petitioners are the sole earning member of their respective families. Their continued incarceration would cause severe hardship to their family members. The petitioners have also expressed their readiness and willingness to abide by any terms and conditions that may be imposed by this Court.

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11. In view of the aforesaid facts and circumstances, this Court is satisfied that no useful purpose would be served by continued detention of the petitioners.

12. Accordingly, the bail applications are allowed and it is ordered that the accused-petitioners, (i) Lokesh Choudhary S/o Shri Harchand and

(ii) Dheeraj Gattani S/o Shri Manoj Gattani, arrested in connection with F.I.R. No. 0135/2025, Police Station Gandhi Nagar, District Ajmer, shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.20,000/- with two sureties of Rs.10,000/- each to the satisfaction of the learned Trial Court/Duty Magistrate, subject to the other usual conditions to be imposed by the trial court.

13. Any observation made hereinabove is only for the purpose of disposing of the instant bail petitions and shall not be construed, in any manner, as an expression on the merits of the pending case. The trial shall proceed without being influenced by the observations made herein.

14. Accordingly, the bail applications stand disposed of. ARUN MONGA),J 31-32/TUSHAR KUMAWAT