ADIL ASIF BHAI HUNANI S/O ASIF BHAI HUNANI v. STATE OF RAJASTHAN
CRLMB/7009/2025 · 2025-08-29
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 20254 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20254 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:34576] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5979/2025 Muskan Halepotra Munafbhai D/o Munafabhai, R/o Lekhajiraj Shramjivi Society Gali No. 6, Doodhsagar, P.s. Thorala, Police Chauki Rajkot. (Gujrat) (At Present Confined In District Jail, Karauli) ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 6874/2025 Govind Modani S/o Shri Ganesh Modani, Aged About 29 Years, R/o Village Chandarun, P.s Degana, Dist. Nagour, Presently Residing At Flat No. 504, Shyam Residency A, Jagatpura, P.s. Ramnagariya, Jaipur (Rajasthan). (At Present Confined In Central Jail, Karauli). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 7009/2025
1. Adil Asif Bhai Hunani S/o Asif Bhai Hunani, R/o Ranjibada Gali No. 11, Near Madarsa, Police Station Tharola, Police Chowki Bhavnagar Road (Gujarat). (At Present Confined In District Jail Karauli).
2. Bhargava Dilip Bhai Chotaliya S/o Dilip Parsottam Chotaliya, R/o Kothariya, Meen Road, Gokul Nagar, Behind Krishna Pan, Police Station Baktinagar (Gujarat). (At Present Confined In District Jail Karauli). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. N.K. Tiwari Mr. Gunjan Pathak Mr. Anurag Chahar Mr. Aditya Bohra, through V.C. For Respondent(s) : Mr. Tapesh Agarwal, PP with Mr. Gaurav Gupta, Assistant GA
[2025:RJ-JP:34576] (2 of 4) [CRLMB-5979/2025] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 29/08/2025
1. These instant bail applications have been filed under Section 483 of BNSS, on behalf of the petitioners, who have been arrested in connection with FIR No.11/2024 registered at Cyber Police Station (Karauli), District Karauli (Raj.) for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2)(a) & 308(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Section 66D of Information Technology (Amendment) Act, 2008.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submit that alleged offences are triable by Magistrate. Counsel submit that it has been alleged against the petitioners in the FIR that they induced the complainant to transfer money in their account and about Rs.7,00,000/- has been transferred by the complainant in bank account of petitioner- Muskan Halepotra Munafbhai. It is contended that there are no criminal antecedents against the petitioners of similar nature and trial will take considerable time in its conclusion. Counsel submit that petitioner- Govind Modani is in custody since 28.04.2025 and petitioners- Muskan Halepotra Munafbhai, Adil Asif Bhai Hunani and Bhargava Dilip Bhai Chotaliya are in custody since 05.03.2025 and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioners.
[2025:RJ-JP:34576] (3 of 4) [CRLMB-5979/2025]
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially considering the material available on record, as also the fact that there are no criminal antecedents against the petitioners of similar nature 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 these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners – 1) Muskan Halepotra Munafbhai D/o Munafabhai, 2) Govind Modani S/o Shri Ganesh Modani, 3) Adil Asif Bhai Hunani S/o Asif Bhai Hunani and 4) Bhargava Dilip Bhai Chotaliya S/o Dilip Parsottam Chotaliya 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.
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.
[2025:RJ-JP:34576] (4 of 4) [CRLMB-5979/2025]
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. If any breach of these conditions is reported or come to the notice of the Court, same shall alone be a reason for the trial court to cancel the bail granted to them by this Court.
10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance.
11. The observations made hereinabove are 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 GAUTAM JAIN /40-42