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2025 DAILYLAW 21326 (RAJ)

ABHISHEK SINGH S/O KAMLESH SINGH v. THE STATE OF RAJASTHAN

CRLMB/7435/2025 · 2025-08-06

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:30187] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7435/2025 Abhishek Singh S/o Kamlesh Singh, R/o Pokhardaha, Police Station Kadipur Kotwali, District Sultanpur (Uttar Pradesh) (At Present In Central Jail, Kota). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 06/08/2025 The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 022/2024 registered at Police Station Cyber Police Station Kota City, District Kota City for the offence(s) under Sections 420 of IPC and Section 66-D of IT Act. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is argued that the main allegation of deceiving the complainant and receiving the amount in the bank account is against other co-accused Manish Kumar and recovery of gold articles were also effected from him. The present petitioner has neither deceived the complainant nor received any amount in his account. Learned counsel further submits that the offences alleged to have been committed by the petitioner are exclusively triable by Magistrate. There are no [2025:RJ-JP:30187] (2 of 3) [CRLMB-7435/2025] criminal antecedents against the petitioner. The accused petitioner is in custody since 12.03.2025 and the trial of the case will take considerable time. The charge-sheet against the accused- petitioner has already been submitted before the concerned court, therefore, the benefit of bail may be granted to the accused- petitioner. Learned Public Prosecutor opposes the grant of bail application and contended that petitioner alongwith the other co- accused Manish Kumar deceived the complainant and received the amount in the bank account, thereafter from the said money gold items were purchased. The investigation shows that the amount was transferred in the account of co-accused Manish Kumar and from that amount gold articles were purchased, therefore considering the above facts, the bail application of the accused- petitioner deserves to be dismissed, Heard and perused the material available on the record. Considering the arguments advanced by learned counsel for the petitioner and looking to the fact that the main allegation of deceiving the complainant and receiving the amount from the complainant in the bank account is against co-accused Manish Kumar. The entire amount of Rs. 50,00,000/- (fifty Lakh) is transferred in the bank account of Manish Kumar and the said amount was used for purchasing of gold articles. There is no allegation against the present petitioner Abhishek Singh that his mobile number was used in deceiving the complainant or Abhishek Singh has received any amount in his bank account, therefore, considering the above facts, I deem it just and proper to enlarge the accused-petitioner on bail. [2025:RJ-JP:30187] (3 of 3) [CRLMB-7435/2025] Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Abhishek Singh S/o Kamlesh Singh, in connection with FIR No. 022/2024 registered at Police Station Cyber Police Station Kota City, District Kota City shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- 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. (PRAVEER BHATNAGAR),J ashu /104