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[2025:RJ-JP:22188] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5034/2025
1. Rinku S/o Angad Lal, Aged About 21 Years
2. Rinku S/o Dhulilal, Aged About 19 Years Both are R/o Village Jaula, PS Chauth Ka Barwara, Dist. Sawai Madhopur (Raj.) (Accused Petitioners Presently In Sawai Madhopur Jail). ----Accused-Applicants Versus State Of Rajasthan, Through PP ----Respondent For Applicants : Mr. Girish Khandelwal, Adv. For Respondent : Mr. Manvendra Singh, Dy.G.A. with Mr. Naresh Gupta, Dy.G.A.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 27/05/2025
1. The present bail application has been filed by the accused- applicants under Section 483 of the B.N.S.S., 2023 against the
order dated 04.04.2025 passed by learned Sessions Judge, District Sawai Madhopur in Bail Application No.280/2025 arising out of FIR No.92/2025, registered at Police Station Chauth ka Barwara, District Sawai Madhopur for the offences punishable under Sections 318(4), 319(2), 336(2), 303(2) and 340(2) of B.N.S., 2023, Section 66-D of Information Technology (Amendment) Act, 2008 and Section 13 of Rajasthan Public Gambling Ordinance, 1949 by which the bail application of the
[2025:RJ-JP:22188] (2 of 4) [CRLMB-5034/2025] accused-applicants under Section 483 of B.N.S.S., 2023 has been dismissed.
2.
Learned counsel for the accused-applicants submits that the accused-applicants have falsely been implicated in this case.
Learned counsel for the accused-applicants also submits that the accused-applicant No.1-Rinku S/o Angad Lal and the accused- applicant No.2-Rinku S/o Dhulilal are young boys of about 21 and 19 years of age respectively and there is no criminal antecedent against the accused-applicants. Learned counsel further submits that the accused-applicants were arrested on 30.03.2025 and since then, they are behind the bars.
3.
Learned counsel for the accused-applicants contends that the charges levelled against the accused-applicants are triable by Magistrate and the maximum sentence which can be awarded to the accused-applicants for these charges is seven years. Learned counsel also contends that the charge-sheet has already been filed and trial will take long time to conclude, therefore, the accused- applicants be enlarged on bail. 4. Learned Deputy Government Advocates vehemently oppose this bail application and submit that the matter pertains to commission of cyber fraud by the accused-applicants and the allegation attributed to the accused-applicants is of earning money by doing online fraud with the innocent persons. Learned Deputy Government Advocates also submit that as per the statements of the accused-applicants, there are some money transactions also, which proves the charges levelled against them, therefore, the accused-applicants should not be enlarged on bail. [2025:RJ-JP:22188] (3 of 4) [CRLMB-5034/2025]
5. Heard learned counsel for the parties and also perused the material available on record. 6. Considering the overall facts and circumstances of the case; the age and period of custody of the accused-applicants; there is no criminal antecedent against the accused-applicants; the charge-sheet has already been filed and 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 applicants. 7. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused- applicants namely (1) Rinku S/o Angad Lal & (2) Rinku S/o Dhulilal, arrested in connection with FIR No.92/2025, registered at Police Station Chauth ka Barwara, District Sawai Madhopur shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- each and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicants will be required to appear before that Court on all dates of hearing and as and when called upon to do so. 8. The accused-applicants are also directed to mark their 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-applicants 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-applicants for cancellation of bail before concerned Magistrate. [2025:RJ-JP:22188] (4 of 4) [CRLMB-5034/2025]
9. Copy of this order also be sent to concerned SHO for compliance. (ASHUTOSH KUMAR),J AARZOO ARORA /153