Nitesh Tongaria S/O Shri Kesar Lal Vs State of… — Cheating and Forgery | Rajasthan HC (2026)

Nitesh Tongaria S/O Shri Kesar Lal Vs State of… — Cheating and Forgery | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Accused-petitioner enlarged on bail on furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac only) with two sureties of Rs.50,000/- (Rupees Fifty Thousand only) each, to the satisfaction of the trial Court, subject to appearing before the trial Court (and any Court to which the matter is transferred) on all subsequent dates of hearing and as and when called upon; no opinion expressed on merits.

Issue for consideration

Whether the accused-petitioner, booked in F.I.R. No.156/2025 (Police Station Kotwali Sawaimadhopur) for offences under Sections 318(2), 316(2) and 352 of B.N.S., 2023, should be enlarged on bail in his second bail application under Section 483 B.N.S.S.

Court's answer

Taking into consideration the overall facts and circumstances, and particularly that the accused-petitioner had handed over cheque bearing No.000011 of Punjab and Sind Bank for Rs.82,000/- to the complainant (present in Court), being the amount said to have been received by him from the complainant, the Court, without expressing any opinion on the merits and demerits of the case, deemed it just and proper to enlarge the petitioner on bail.

Ratio / Principle

The accused-petitioner is to be released on bail provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac only) together with two sureties of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court, with the stipulation that he shall appear before that Court, and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon.

Detailed headnote1 paragraphs

Bail — second bail application under Section 483, B.N.S.S., arising out of F.I.R. No.156/2025, Police Station Kotwali Sawaimadhopur, District Sawai Madhopur, for offences under Sections 318(2), 316(2) and 352 of B.N.S., 2023; petitioner confined in Central Jail, Sawai Madhopur. As submitted by counsel, the allegation was that the petitioner received money from the complainant for obtaining a government job. In Court, the petitioner handed over to the complainant (present in person) cheque bearing No.000011 of Punjab and Sind Bank for Rs.82,000/-, stated to be the amount received from him; the complainant's counsel raised no objection to bail if the amount were paid. Held: considering the overall facts and circumstances, and expressly without expressing any opinion on the merits and demerits of the case, the Court enlarged the accused-petitioner on bail on furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac only) with two sureties of Rs.50,000/- (Rupees Fifty Thousand only) each, to the satisfaction of the trial Court, with a stipulation to appear before the trial Court (and any Court to which the matter is transferred) on all subsequent dates of hearing. Bail application allowed. (Coram: Hon'ble Mr. Justice Ganesh Ram Meena, dated 16/03/2026.)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Second Bail Application No. 3781/2026

Nitesh Tongaria S/o Shri Kesar Lal, Aged About 24 Years, R/o Manoharpura, Kachhi Basti Plot No. 787, Police Station Jawahar Circle, Jaipur (Raj.) (Presently Accused Confined In Central Jail Sawai Madhopur).

----Petitioner

Versus

State Of Rajasthan, Through Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Rahul Agarwal For Complainant(s) : Mr. Girish Khandelwal For State : Ms. Aarti Sharma, P.P.

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

16/03/2026

The petitioner has filed this second bail application under Section 483 B.N.S.S., arising out of F.I.R. No.156/2025 registered with the Police Station Kotwali Sawaimadhopur, District Sawai Madhopur for offence under Sections 318(2), 316(2) and 352 of B.N.S., 2023.

The learned counsel for the accused-petitioner submits that the allegation against the accused-petitioner is of receiving money from the complainant for seeking government job for the complainant. The learned counsel further submits that the petitioner is ready to pay the amount, which is said to have been received by him from the complainant. He further submits that for making payment of the received amount, a Cheque bearing

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No.000011 of Punjab and Sind Bank, of amount of Rs.82,000/- is being handed over to the complainant, who is present in person before the Court.

Learned Public Prosecutor has vehemently opposed this second bail application.

The learned counsel for the complainant submits that if the accused-petitioner is paying the amount received by him from the complainant then the complainant has no objection, if the petitioner is released on bail.

Considered the submissions made by the learned counsel for the petitioner as well as the learned Public Prosecutor and the learned counsel for the complainant.

Taking into consideration the overall facts and circumstances of the case and more particularly the fact that the accused-petitioner has handed over the Cheque bearing No.000011 of Punjab and Sind Bank, of amount of Rs.82,000/- to the complainant, who is present before the Court and which is said to have been received by the petitioner from the complainant, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the petitioner on bail.

This bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of

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Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do

so.

(GANESH RAM MEENA),J

ARTI SHARMA /234