Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:18092] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4225/2025 Laxmikant S/o Memraj, Aged About 24 Years, R/o Chakeri, Police Station Kundera, District Sawai Madhopur (Raj). (At Present Confined In District Jail, Sawai Madhopur). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Kailash Chand Meena, Adv. with Mr. Rajveer Singh, Adv. For Respondent(s) : Mr. Vivek Sharma, Add.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 29/04/2025
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 15.03.2025 passed by learned Sessions Judge, Sawai Madhopur in connection with FIR No.09/2025, registered at Police Station Kundera, District Sawai Madhopur for the offences punishable under Sections 61(2)(a), 316(2), 318(4), 319(2), 336(3), 338 & 340(2) of BNS, 2023 and Section 66C and 66D of IT Act and Section 13 of Rajasthan Public Gambling Ordinance, 1949, by which the bail application of the accused-applicant under Section 483 of the 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 matter.
Learned counsel argues that initially accused namely; Dharmesh, Vikram and Gaurav were arrested on the spot and on the basis of
[2025:RJ-JP:18092] (2 of 3) [CRLMB-4225/2025] the statements of the co-accused present accused-applicant has been implicated in this matter. Learned counsel also argues that charges levelled against the accused-applicant are triable by the Judicial Magistrate First Class. Learned counsel for the accused- applicant contends that the accused-applicant was arrested on 07.03.2025 and since then, he is behind the bars. Learned counsel further contends that all the other co-accused involved in this matter have been enlarged on bail by the Co-ordinate Bench of this Court. Learned counsel prays that investigation and trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail. 3. On the other other hand, learned Public Prosecutor opposes the bail application. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the facts and circumstances of the case and considering the fact that co-accused namely; Dharmesh, Vikram and Gaurav were enlarged on bail by Co-ordinate Bench of this Court vide order dated 27.02.2025 in S.B. Criminal Miscellaneous Bail Application No.935/2025, co-accused Memraj @ Geela was also enlarged on bail by Co-ordinate Bench of this Court vide order dated 20.03.2025 in S.B. Criminal Miscellaneous Bail Application No.4048/2025 and co-accused Ramghani was enlarged on bail by Co-ordinate Bench of this Court vide order dated 18.03.2025 in S.B. Criminal Miscellaneous Bail Application No.3907/2025 and also considering the fact that case of the present accused- applicant was not different from all that of co-accused, who have already been enlarged on bail by the Co-ordinate Bench of this
[2025:RJ-JP:18092] (3 of 3) [CRLMB-4225/2025] Court as well as considering the fact that charges levelled against the present accused-applicant are triable by the Judicial Magistrate First Class and the fact that trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed.
It is ordered that accused-applicant Laxmikant S/o Memraj, arrested in FIR No. 09/2025, registered at Police Station Kundera, District Sawai Madhopur shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent attested sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. The Accused- Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita/239