SHAKTI KANAHIYLAL DABI S/O SHREE KANAHIYALAL DABI v. THE STATE OF RAJASTHAN
CRLMB/7484/2025 · 2025-08-22
Praveer Bhatnagar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21366 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21366 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:33356] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7484/2025 Shakti Kanahiylal Dabi S/o Shree Kanahiyalal Dabi, Aged About 26 Years, R/o Adarsh Nagar Shel Colony Road Adarsh Vidhyalya, Near Shitla Mata Mandir, Chembur, Mumbai Maharashtra. (At Present In Central Jail, Jaipur) ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9122/2025 Daulatram S/o Dhannaram, Aged About 34 Years, R/o Village And Post Sherewala Government Seed Farm, Tehsil Abohar, Police Station Wahav Wala, District Fajilka, Punjab. (Presently Confined At Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Yunus Khan Mr. Gajveer Singh Mr. Tanishq Aditya Parmar Mr. Harshit Parashar For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 22/08/2025
1. These instant bail applications have been filed under Section 483 of BNSS on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No. 324/2024 registered at Police Station Special Offence and Cyber
[2025:RJ-JP:33356] (2 of 4) [CRLMB-7484/2025] Crime Police Station Commissionerate Jaipur for the offences under Sections 318(4), 316(2), 308(2), 61(2)(b), 319(2) of BNS and Sections 66 (C) and 66(D) of the IT Act. 2. Learned counsels for the accused-petitioners submit that the accused-petitioners have falsely been implicated in this case. The accused-petitioners are in custody since 31.01.2025 and 31.02.2025 respectively. The other co-accused Vijaypal from whom ATM cards, pass-books of present petitioner Daulat Ram were recovered has already been enlarged on bail by the co- ordinate Bench of this court vide order dated 20.05.2025 passed in SB criminal misc. bail application No. 2761/2025. The Investigating Officer in his conclusion drawn in the charge-sheet recorded the finding that co-accused Vijaypal and Suresh opened the account in the name of petitioners and thereafter used those accounts. It is also contended that petitioners have not used their accounts and only in greed of money their accounts were opened by co-accused Vijaypal and Suresh in various banks. It is further contended that petitioners are not involved in digital arrest of the complainant, from whom amount of approximately Rs.50,00,000/- (fifty lakhs) were transferred to the various accounts. The police has not investigated the source of mobile from which the complainant was put under digital arrest and in threat of registration of the false case under PMLA and other Acts.
The bank accounts of the petitioners have been misused by other persons, petitioners have not withdrawn any amount from the account open in their names. There are no criminal antecedents against the petitioner Shakti Kanahiylal Dabi and against the petitioner Daulatram a case for the offence under Section 498-A of IPC was
[2025:RJ-JP:33356] (3 of 4) [CRLMB-7484/2025] registered. The offences alleged to have been committed by the petitioners are triable by Magistrate. The charge-sheet has already been produced before the concerned trial court and the trial of the case may take considerable time, therefore, these bail applications of the accused-petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed these bail applications and contended that police after investigation found that huge amount was transferred in the bank accounts of the petitioners. The petitioners in connivance with the other co- accused Vijaypal and Suresh, extorted the complainant after putting him under digital arrest and transferred the amount in various bank accounts, therefore considering the gravity of the offence, these bail applications of the accused-petitioners deserves to be dismissed. 4. Heard and perused the material available on record. 5. The prime accused Vijaypal from whom ATM cards, pass books and cheque books of petitioner Daulat Ram were recovered has already been enlarged on bail by the co-ordinate Bench of this court. The accused-petitioners are in custody since long and the trial of the case may take considerable time. The charge-sheet has already been produced before the concerned trial court. Petitioners are not habitual offenders and there is no criminal case registered against the petitioner Shakti Kanahiylal Dabi and there is one criminal case pertains to matrimonial dispute is registered against Daulatram. The police has not investigated about mobile number which was used for digitally arresting and threatening the complainant. Considering the above facts, without commenting
[2025:RJ-JP:33356] (4 of 4) [CRLMB-7484/2025] anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. 6.
Accordingly, these bail applications under Section 483 of BNSS are allowed and it is ordered that the accused-petitioners namely: 1. Shakti Kanahiylal Dabi S/o Shree Kanahiyalal Dabi
2. Daulatram S/o Dhannaram, in connection with FIR No. 324/2024 registered at Police Station Special Offence and Cyber Crime police station Commissionerate Jaipur, shall be enlarged on bail provided each of them furnish 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 their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /47-48