National Investigating Agency Vs State of Rajasthan

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[2025:RJ-JP:37898]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Bail Cancellation Application No. 27/2025

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National Investigating Agency, New Delhi, Through Its Special Public Prosecutor.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor. 2. Deepak S/o Shri Sube Singh, Aged About 27 Years, Permanently Residing At Village Beriawas, Police Station Kasola, District Rewari, Haryana. (At Present Lodged At Central Jail, Jaipur)

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----Respondents

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For Petitioner(s)	: Mr.	Sneh DeepKhyaliya
For Respondent(s)	: Mr.	N.S. Dhakar, PP with
	Mr.	Gaurav Gupta, Asstt. G.A.
For accused(s)	: Mr.	KuldeepYadav

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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16/09/2025

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This criminal misc. bail cancellation application under Section 483(3) of BNSS, 2023 has been filed on behalf of NIA, New Delhi challenging the order dated 07.01.2025 passed in Bail Application No.15662/2024 whereby the accused respondent has been granted bail. The accused respondent has been arrested in connection with FIR No.420/2024 registered at Police Station Neemrana District Kotputli Behror, Rajasthan.

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Learned counsel appearing for NIA submits that by concealing true and important facts, bail order has been obtained by the accused respondent No.2. He submits that looking to the

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gravity and seriousness of offences, investigation of the present matter was transferred to National Investigation Agency (NIA). The NIA re-registered the matter as RC-01/2024/NIA/JPR dated 03.12.2024. Resultantly, custody of the accused respondent and the entire record is in domain of the concerned N.I.A. Court. He argues that as per Section 21 of the National Investigation Agency Act, 2008, there lies an appeal before Hon’ble Division Bench against an order refusing bail by the Special Court and thus, the bail application was not maintainable in the present case before this Court. He submits that by concealing this crucial and important fact from this Court, the petitioner filed the bail application before this Court, which was subsequently allowed by order dated 07.01.2025. He thus, prays that the instant bail cancellation application may be allowed.

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Vide order dated 12.02.2025, effect and operation of the order dated 07.01.2025 was kept in abeyance and the accused respondent is still lodged at Central Jail, Jaipur.

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Learned counsel for the accused respondent submits that on 06.12.2024, the accused respondent filed bail application (No.15662/2024) before this Court and as per information made available to him, till that date, the matter was with learned Judicial Magistrate, Neemrana. He submits that after filing of the bail application, the matter was transferred from learned Judicial Magistrate, Neemrana to NIA Cases, Jaipur. The accused respondent and his family members were not aware about this fact that the NIA has registered separate FIR and file of present

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FIR has been transferred to Special Judge NIA Cases, Jaipur and therefore, this fact could not be brought to the notice of this Court. He further submits that the accused respondent has not filed any bail application before NIA Cases Jaipur.

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Heard.

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In view of provision of Section 21 of National Investigation Agency Act, 2008, bail application is not maintainable before this Court as remedy of appeal before Hon’ble Division Bench is provided against the order refusing bail by Special Court. Since, the fact that file of present FIR has been transferred to Special Judge NIA Cases, Jaipur was not brought to the notice of this Court, the bail application was allowed on 07.01.2025. However, the accused respondent is still behind the bars as order dated 07.01.2025 could not be executed. After transfer of the file to Special Judge, NIA Cases, Jaipur, instead of filing bail application before this Court, the accused respondent should have filed bail application before Special Judge, NIA Cases Jaipur and in case, the bail application is rejected, appeal before Hon’ble Division Bench is to be filed but as per learned counsel for the accused respondent, no such bail application has been preferred before Special Judge, NIA Cases Jaipur. In these circumstances, it is deemed appropriate to accept the instant misc bail cancellation application. Accordingly, the bail cancellation application is allowed. The order dated 07.01.2025 stands cancelled. The accused petitioner is at liberty to avail appropriate legal remedy available under the law.

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(ANIL KUMAR UPMAN),J

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LALIT MOHAN /26

National Investigating Agency v. State of Rajasthan

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National Investigating Agency v. State of Rajasthan

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