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2025 DAILYLAW 11351 (RAJ)

RAJ SOYAL S/O DASHRATH SOYAL v. THE STATE OF RAJASTHAN

CRLMB/3730/2025 · 2025-04-30

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:18130] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3730/2025 Raj Soyal S/o Dashrath Soyal, Aged About 24 Years, R/o Surval At Present Resident Of Ambedkar Colony Kherda Sawai Madhopur. (At Present Confined In District Jail, Sawai Madhopur). ----Accused-Applicant Versus The State of Rajasthan, through PP ----Respondent For Applicant : Mr. Tarun Jain, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. with Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 30/04/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 05.03.2025 passed by learned Sessions Judge, Sawai Madhopur in Criminal Misc. Bail Application No.180/2025 arising out of FIR No.79/2025, registered at Police Station Mantown, District Sawai Madhopur for the offences punishable under Sections 319(2), 318(4), 336(3), 338, 340(2) and 61(2)(a) of B.N.S., 2023 and Section 66-D of Information Technology (Amendment) Act, 2008 by which the bail application of the accused-applicant under Section 483 of B.N.S.S.,2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel for the accused-applicant also submits that the [2025:RJ-JP:18130] (2 of 3) [CRLMB-3730/2025] accused-applicant is about 24 years of age and no other case is pending against the accused-applicant. Learned counsel further submits that since 28.02.2025, the accused-applicant is behind the bars; the charge-sheet has already been filed and trial will take long time to conclude, therefore, the accused-applicant be granted benefit of bail. 3. Learned Deputy Government Advocate assisted by learned Public Prosecutor vehemently oppose this bail application and submit that the matter pertains to commission of cyber fraud by the accused-applicant and some money has been found to be received in 'Bank Account' of the accused-applicant, therefore, the accused-applicant is not entitled to be enlarged on bail. Learned Deputy Government Advocate submits the factual report dated 09.04.2025 forwarded by SHO, Police Station Mantown, District Sawai Madhopur, which is taken on record. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Admittedly, the charge levelled against the accused-applicant is that he was using his mobile phone for the purpose of cheating private persons and used to earn money by committing cyber fraud with them, however, charge-sheet in this case has already been filed. 6. Having regard to the facts and circumstances of the case, and considering the age of the accused-applicant; the fact that the accused-applicant is behind the bars since 28.02.2025 and also considering the fact that the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the [2025:RJ-JP:18130] (3 of 3) [CRLMB-3730/2025] case, this Court deems it proper to allow the bail application filed by the applicant. 7. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Raj Soyal S/o Dashrath Soyal, arrested in connection with FIR No.79/2025, registered at Police Station Mantown, District Sawai Madhopur shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. 8. The accused-applicant is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned Police Station. SHO of the concerned Police Station shall send the presence report of the accused-applicant to learned trial Court every month. In case of any breach to the above condition, learned Deputy Government Advocate shall be free to move the application against the accused-applicant for cancellation of bail before concerned Magistrate. 9. Copy of this order also be sent to concerned SHO for compliance. (ASHUTOSH KUMAR),J AARZOO ARORA /182