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2025 DAILYLAW 16301 (RAJ)

PREM SINGH S/O ROSHAN v. STATE OF RAJASTHAN

CRLMB/5390/2025 · 2025-07-30

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:29042] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5222/2025 1. Sahil @ Saheel S/o Yusuf, Aged About 20 Years, R/o Piproli, Police Station Gopalgarh, District Deeg, Rajasthan. (The Accused Petitioner Is Currently Confined At Sub Jail Deeg Since 27.03.2025) 2. Hansaar S/o Taiyab, Aged About 19 Years, R/o Lavana, Police Station Gopalgarh, District Deeg, Rajasthan. (The Accused Petitioner Is Currently Confined At Sub Jail Deeg Since 27.03.2025) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 5338/2025 1. Sohil S/o Fareed, Aged About 19 Years, R/o Lavna, Police Station Gopalgarh, District Deeg (Raj.) (At Present In Sub Jail, Kaman, Distt. Deeg). 2. Rahul S/o Hakmudeen, Aged About 21 Years, R/o Lavna, Police Station Gopalgarh, District Deeg (Raj.) (At Present In Sub Jail, Kaman, Distt. Deeg). 3. Asik S/o Late Subedar, Aged About 25 Years, R/o Haivatka, Police Station Gopalgarh, District Deeg (Rajasthan) (At Present In Sub Jail, Kaman, Distt. Deeg). 4. Sahid S/o Jaanu @ Jaan Mohammad, Aged About 20 Years, R/o Maandor, Police Station Pahadi, District Deeg (Rajasthan) (At Present In Sub Jail, Kaman, Distt. Deeg). 5. Kurshid S/o Hakamdeed, Aged About 20 Years, R/o Maandor, Police Station Pahadi, District Deeg (Rajasthan) (At Present In Sub Jail, Kaman, Distt. Deeg). ----Petitioners Versus The State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 5339/2025 Mohammad Kaif S/o Shaukin, Aged About 20 Years, R/o Jotgamaiti, Police Station Gopalgarh, District Deeg (Rajasthan) (At Present Confined In District Jail, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 5390/2025 [2025:RJ-JP:29042] (2 of 4) [CRLMB-5222/2025] 1. Prem Singh S/o Roshan, Aged About 26 Years, R/o Lavna, Police Station Gopalgarh, District Deeg, Rajasthan. (At Present Confined In Sub Jail Deeg). 2. Rakesh Kumar S/o Girraj Singh, Aged About 28 Years, R/o Lavna, Police Station Gopalgarh, District Deeg, Rajasthan. (At Present Confined In Sub Jail Deeg). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Girish Khandelwal Mr. Vikram Singh Chauhan Mr. Vafik Choudhary For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/07/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.47/2025 registered at Police Station Gopalgarh, District Deeg for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(2), 303(2), 111(2)(a), 61(2) & 308(2) of Bharatiya Nyaya Sanhita, (in short ‘BNS’), 2023 and Section 66D of I.T. (Amended) Act, 2008. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is submitted that no cogent evidence is available on record to connect the petitioners with the alleged offences. It is contended that petitioners are in custody since 27.03.2025 and further custody of the petitioners would not serve any fruitful purpose. Trial will take time in its conclusion. [2025:RJ-JP:29042] (3 of 4) [CRLMB-5222/2025] 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners. He submits that there is serious allegations against the petitioners of being involved in the offence of cyber fraud. He further submits that there is one criminal antecedent against petitioner- Asik. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; especially considering the argument advanced by learned counsel for the parties, as also the fact that petitioners are in custody since 27.03.2025 and trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Sahil @ Saheel S/o Yusuf, (2) Hansaar S/o Taiyab, (3) Sohil S/o Fareed, (4) Rahul S/o Hakmudeen, (5) Asik S/o Late Subedar, (6) Sahid S/o Jaanu @ Jaan Mohammad, (7) Kurshid S/o Hakamdeed, (8) Mohammad Kaif S/o Shaukin, (9) Prem Singh S/o Roshan and (10) Rakesh Kumar S/o Girraj Singh, shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. [2025:RJ-JP:29042] (4 of 4) [CRLMB-5222/2025] 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 10. 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 them by this Court. 11. The observations made hereinabove are only for the decision of these bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /409-412