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2025 DAILYLAW 14804 (RAJ)

GOLU KUMAR S/O SUNIL v. THE STATE OF RAJASTHAN

CRLMB/4853/2025 · 2025-05-13

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:20074] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4853/2025 Golu Kumar S/o Sunil, Aged 22 Years, R/o Bhuraji Ka Tapra Sherganj, Police Station Indragarh, District Bundi, At Present Near Modern School Lakheri, Police Station Lakheri, District Bundi. (At Present Confined In District Jail Sawai Madhopur). ----Accused-Applicant Versus The State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Mukesh Kumar Saini, Adv. for Mr. Teeka Ram Meena, Adv. For Respondent(s) : Mr. Vivek Sharma, Add.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 13/05/2025 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 29.03.2025 passed by learned Sessions Judge Sawai Madhopur (Raj.) in connection with FIR No.98/2025, registered at Police Station Kotwali Sawaimadhopur, District Sawai Madhopur for the offences punishable under Sections 318(4), 319(2), 336(3), 338, 340(2) of BNS, 2023, Section 66D of I.T. Act, 2008 and Section 13 of the 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. [2025:RJ-JP:20074] (2 of 3) [CRLMB-4853/2025] Learned counsel argues that the charges levelled against the accused-applicant are triable by Judicial Magistrate. Learned counsel also argues that the accused-applicant was arrested on 26.03.2025 and since then, he is behind the bars. Learned counsel contends that the investigation qua the accused-applicant has been completed, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor opposes the bail application and submits that it is a case of online fraud and as per the investigation the accused-applicant has received an amount of Rs.41,674/- (Rupees Forty One Thousand Six Hundred and Seventy Four only) by way of online fraud, therefore, the accused-applicant should not be enlarged on bail. 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; considering the facts that charges levelled against the accused- applicant are triable by Judicial Magistrate; that the accused- applicant is behind the bars since 26.03.2025, 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 Golu Kumar S/o Sunil, arrested in FIR No. 98/2025, registered at Police Station Kotwali Sawaimadhopur, District Sawai Madhopur shall be released on bail; provided he furnishes personal bond in [2025:RJ-JP:20074] (3 of 3) [CRLMB-4853/2025] the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. 7. 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 /130