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2025 DAILYLAW 20600 (RAJ)

RAKESH S/O SHRI KAPIL KUMAR v. STATE OF RAJASTHAN

CRLMB/7105/2025 · 2025-06-26

Sudesh Bansal V J

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:23624] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7105/2025 Rakesh S/o Shri Kapil Kumar, Aged About 25 Years, R/o Tenant Keshavnagar A-Shymnagar Jhotawada, Police Station Kardhani, District Jaipur (West), At Present Tenant Bhanwarsinsh Priyanagar 02 Bainadrod Riico Industrial Are, Police Station Kardhani, District Jaipur (West)(Raj.) (Presently Confined In District Jail At Karauli). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Narsi Prasad Sharma, Advocate. For Respondent(s) : Ms. Manju Dave, Public Prosecutor. HON'BLE MR. JUSTICE SUDESH BANSAL ( V. J.) Order 26/06/2025 1. Instant bail application has been filed by accused-petitioner under Section 483 of BNSS in connection with FIR No.3/2025 registered at Police Station Cyber, District Karauli for the offences punishable under Sections 316(2) and 318(4) of Bharatiya Nyaya Sanhita, 2023 and Section 66D of IT Act. 2. Learned counsel for the accused-petitioner argued that allegation against the accused-petitioner is of committing cyber fraud of Rs.90,000/-; accused-petitioner is in custody since 12.05.2025; there are no criminal antecedents of the accused- petitioner involving similar nature of offences; offences alleged against the accused-petitioner are triable by Magistrate; conclusion of trial is likely to take considerably long time, therefore, accused-petitioner be enlarged on bail. 3. Learned Public Prosecutor has opposed this bail application. [2025:RJ-JP:23624] (2 of 2) [CRLMB-7105/2025] 4. Heard learned counsel for the accused-petitioner as well as learned public prosecutor and perused the material available on record. 5. Taking into consideration the nature of allegation leveled against the accused-petitioner and the fact that accused-petitioner is in custody since 12.05.2025; there are no criminal antecedents of the accused-petitioner involving similar nature of offences; offences alleged against the accused-petitioner are triable by Magistrate; conclusion of trial is likely to take considerably long time, this Court deems it just and proper to release the accused- petitioner. 6. Accordingly, the bail application is allowed and it is ordered that the accused-petitioner Rakesh S/o Shri Kapil Kumar shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so, subject to the following conditions: (i) That the accused-petitioner shall not commit any offence of a similar nature during the period of bail granted by this Court; (ii) That the accused-petitioner shall not tamper with the evidence or attempt to influence any of the prosecution witnesses in any manner; (iii) That in the event of any breach of the aforesaid conditions by the accused-petitioner, the prosecution shall be at liberty to file an appropriate application for cancellation of bail before the competent court. (SUDESH BANSAL ( V. J.)),J Tushar/42