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2025 DAILYLAW 13603 (RAJ)

GAURISHANKAR SON OF SHRI GOPALLAL JOSHI v. THE STATE OF RAJASTHAN

CRLMB/4580/2025 · 2025-04-07

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:15415] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4580/2025 Gaurishankar Son Of Shri Gopallal Joshi, Aged About 25 Years, Resident Of 123, Gali No. 02, Faisagar Road, Police Station Ganj, Distt. Ajmer (At Present Confined In Central Jail Ajmer) ----Petitioner Versus The State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. S. Gaharana Ms. Jyoti Gupta For Respondent(s) : Mr. Amit Poonia, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/04/2025 The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 5/2025 registered at Police Station Cyber Police Station (Ajmer) District Ajmer for the offence(s) under Sections 316(2), 318(4) and 61(2)(a) of BNS. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. Learned counsel further submits that similarly placed co-accused have already been enlarged on bail by this court. The accused petitioner is in custody since 28.01.2025 and the trial of the case will take considerable time. There is no complaint against the present accused-petitioner that he has intention of cheating public at large and the police official has filed this case on their own. The offences alleged to have been committed by the petitioner are exclusively [2025:RJ-JP:15415] (2 of 3) [CRLMB-4580/2025] triable by Magistrate. Therefore, the benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor opposes the bail application and submitted the factual report. The same is taken on record. Heard and perused the material available on the record. It is not desirable to express anything on the merits of the case. The offences alleged to have been committed by the petitioner are exclusively triable by Magistrate. Similarly placed other co-accused have already been enlarged on bail and charge- sheet against the accused-petitioner has already been produced before the concerned court. The accused-petitioner is in custody since 28.01.2025 and the trial of the case will take considerable time. I deem it just and proper to enlarge the accused-petitioner on bail. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Gaurishankar Son Of Shri Gopallal Joshi, in connection with FIR No. 5/2025 registered at Police Station Cyber Police Station, (Ajmer) District Ajmer shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge. The accused- petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court every month. In case of any breach to the above condition, the [2025:RJ-JP:15415] (3 of 3) [CRLMB-4580/2025] learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned court. (PRAVEER BHATNAGAR),J ashu /20