CRLMB/7385/2026 of MOHIT SARASWAT S/O LATE SHRI RAGHUVEER NARAYAN SARASWAT Vs THE STATE OF RAJASTHAN on 17 August 2026

1. The present criminal miscellaneous bail application has been preferred by the accused-petitioner under Section 482 of the BNSS, 2023, apprehending his arrest in connection with FIR No.20/2020, registered at Police Station-Kotwali Ajmer, District- Ajmer, for the offences punishable under Sections 420, 467, 468, 471, 120-B IPC, 1860.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the F.I.R. He also submits that there are no criminal antecedents against the accused-petitioner of having committed any offence of similar nature or any other nature.

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3. Learned counsel for the petitioner submits that he is merely an attesting witness to the alleged Agreement Dated 20.12.2019. He further submits that there is no allegation of any impersonating either Rajkumar or Pankaj Gautam. He submits that the petitioner has only identified the executant of the document namely Rajkumar and Pankaj Gautam. He is not aware about the fact whether the land in dispute or the property in dispute is owned by the said persons. Learned counsel for the petitioner submits that if any offence is committed by anyone then they are Raj Kumar and Pankaj Gautam. The present petitioner has not committed any offence. He further submits that the petitioner has already participated in the interrogation and has been interrogated by the investigating officer and there is no requirement of custodial interrogation and no recovery is to be made from the petitioner.

4. He further submits that the petitioner is working on contractual basis in a Government School and has been regularly attending his duties since 2012, therefore, there is no case of petitioner being absconding, therefore, he may be enlarged on bail.

5. Learned Public Prosecutor as well as counsel for the complainant vehemently opposes the anticipatory bail application.

6. The Investigating Officer present in person and states that the interrogation of the petitioner is complete. There is no recovery to be made from the petitioner and even there is no requirement of custodial interrogation nor any recovery is required to be made. However investigating officer states that there is requirement of recovery of original agreement, this Court finds

(3 of 4) [CRLMB-7385/2026] that the original agreement cannot be in the hands of persons, who is identifying as the same would be either in the hands of the executant or executor of the documents not in the hands of the person who has identified the person having executed the document.

7. Heard learned counsel for the petitioner and learned Public Prosecutor as well as learned counsel appearing for the complainant and perused the material available on record.

8. Considering the overall facts and circumstances of the case, and without expressing any opinion on the merits and demerits of the case, and particularly the fact that the petitioner has participated in the investigation and the investigation is complete; no recovery is to be made from the petitioner; no requirement of the petitioner for custodial interrogation; there are no criminal antecedents against the accused-petitioner of having committed any offence of similar nature or any other nature, further considering the fact that the petitioner is working on contractual basis in school since 2012 and further considering the fact that the petitioner was only an attesting witness and further the fact that the petitioner is neither the beneficiary of the document, this Court deems it just and proper to enlarge the petitioner on anticipatory bail.

9. Accordingly, the present anticipatory bail application filed by the accused-petitioner under Section 482 of BNSS, 2023, is allowed. It is directed that, in the event of the arrest of the accused-petitioner, Mohit Saraswat S/o Late Shri Raghuveer Narayan Saraswat, in connection with FIR No.20/2020, registered at Police Station-Kotwali Ajmer, District-Ajmer, he shall

(4 of 4) [CRLMB-7385/2026] be released on bail, provided he furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh only) along with two sound and solvent sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) each, to the satisfaction of the concerned Investigating Officer/Station House Officer, subject to the following conditions:

(i) The accused-petitioner shall make himself available for interrogation by the Investigating Officer as and when required and shall cooperate with the investigation;

(ii) The accused-petitioner shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing those facts to the Court or to any Police Officer;

(iii) The accused-petitioner shall not leave India without the prior permission of the concerned Court; and

(iv) The accused-petitioner is further directed not to take undue advantage of the liberty granted to him or misuse the same. It is made clear that any observations made by this Court in the present bail application are only for the purpose of deciding the instant application and shall not influence or affect the merits of the case during the course of trial. (BIPIN GUPTA),J 63/JUBIN