[2025:RJ-JP:20045] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 6081/2025 Rakesh Joshi S/o Durga Prasad Joshi, Aged About 45 Years, R/o Kalakhon, Police Station Sadar, District Dausa. (At Present Confined At Central Jail, Dausa). --Accused/Petitioner Versus The State of Rajasthan, through P.P. ----Respondent For Petitioner(s) : Mr. Satish Kumar Khandal, Adv. For Respondent(s) : Mr. Vivek Sharma, Public Prosecutor HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/05/2025 1. This second bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita has been filed on behalf of the petitioner, who has been arrested in connection with F.I.R. No.0050/2025 registered at Police Station Vidhayak Puri, District Jaipur City (South) for the offences punishable under Sections 308(4) & 308(5) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Section 66 of the Information & Technology (Amendment) Act, 2008. 2. First bail application of the petitioner was dismissed as withdrawn vide order dated 02.04.2025 with liberty to renew the prayer of bail after submission of result of investigation. Now, charge-sheet has been filed in this matter for the offences punishable under Sections 308(4), 308(5) & 61(2) of BNS, 2023 thus, this second bail application has been preferred. [2025:RJ-JP:20045] (2 of 3) [CRLMB-6081/2025] 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that alleged offences are triable by magistrate. It is contended that petitioner has been roped in this case solely on the basis of police interrogation of the co-accused person, who is already confined in jail in some other matter. It is alleged against the petitioner that he provided the sim in question to the co-accused. It is contended that trial will take considerable time in its conclusion. Petitioner is in custody since 28.02.2025 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner and submits that this is a serious matter as co-accused who is confined in jail has given threatening to the Chief Minister of Rajasthan. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, material made available before me in the form of charge- sheet, so also considering the fact that alleged offences are triable by Magistrate and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application. 7. This second bail application is accordingly, allowed and it is directed that accused-petitioner - Rakesh Joshi S/o Durga Prasad Joshi shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand [2025:RJ-JP:20045] (3 of 3) [CRLMB-6081/2025] 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 he 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. 8. The observations made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J AMIT/237