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2025 DAILYLAW 14261 (RAJ)

VIVEK TYAGI S/O SHRI SUBHASH CHAND TYAGI v. STATE OF RAJASTHAN

CRLMB/4645/2025 · 2025-06-17

Maneesh Sharma V J

body2025

Judgment text

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[2025:RJ-JP:23295] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4645/2025 Vivek Tyagi S/o Shri Subhash Chand Tyagi, Aged About 21 Years, R/o Prathvipura, Police Station Kaulari, At Present Kailash Vihar Colony, Dholpur Police Station Nihalganj, District Dholpur (Raj.). (At Present Confined In District Jail Dholpur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dushyant Jain For Respondent(s) : Mr. Naresh Kumar Gupta, Dy. GA with Mr. Vinod Kumar Sharma HON'BLE MR. JUSTICE MANEESH SHARMA (V. J.) Order 17/06/2025 1. The instant bail application has been filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (B.N.S.S.) on behalf of the petitioner. The petitioner has been arrested in connection with FIR No.02/2025 registered at Police Station Cyber Police Thana Dholpur, District Dholpur for the offence(s) under Sections 318(2), 319(2), 336(3), 338 and 340(2) of Bharatiya Nyaya Sanhita, 2023 (B.N.S.) and Section 66D of the Information Technology Act, 2008 (I.T. Act). After investigation, charge-sheet has been filed for the offences under Sections 318(2), 319(2), 336(3), 338 and 340(2) of B.N.S. and Section 66D of IT Act. 2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that charge- sheet has already been filed in this matter and there are no [2025:RJ-JP:23295] (2 of 3) [CRLMB-4645/2025] criminal antecedents against the petitioner. The offences are triable by Magistrate. The petitioner is in custody since 19.03.2025 and trial of the case may take considerable time, therefore, the bail application of the petitioner may be allowed. 3. Learned Deputy Government Advocate vehemently opposes the bail application. 4. Heard and perused the material available on record. 5. Considering the fact that the offences are triable by Magistrate and trial of the case may take considerable time and also considering the fact that charge-sheet has already been filed in this matter and there are no criminal antecedents against the petitioner, therefore, without commenting anything on the merits of the case, I deem it just and proper to enlarge the petitioner on bail. 6. Accordingly, the bail application filed under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner- Vivek Tyagi S/o Shri Subhash Chand Tyagi, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Court for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. 7. It is made clear that the petitioner shall not involve in any offence(s) of similar nature during currency of the bail and he shall mark his presence in the first week of every two months in concerned police station till trial is concluded. [2025:RJ-JP:23295] (3 of 3) [CRLMB-4645/2025] 8. The petitioner shall not tamper with any evidence nor would influence the witnesses in the case. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court. 10. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. (MANEESH SHARMA (V. J.)),J DEEPA RANI-28