[2025:RJ-JP:30418] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8274/2025 Tushar Bariya S/o Birdi Chand Bariya, Aged About 25 Years, R/o H. No. 61/453, Heerpath, Thana Mansarovar, Jaipur ( At Present Confined At Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nikhlesh Katara For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Asad Ali HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/08/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.498/2025 registered at Police Station Mansarovar, District Jaipur City (South) (Rajasthan) for the offences punishable under Sections 318(4) & 61(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Section 66D IT Act. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that there is no allegation against the petitioner that he induced the complainant to transfer the money in his account. Counsel submits that main allegation is against the co-accused Jitendra Soni in the FIR. Counsel submits that Jitendra Soni has challenged the FIR itself by way of filing S.B. Criminal Misc. Petition No.4056/2025 [2025:RJ-JP:30418] (2 of 3) [CRLMB-8274/2025] wherein interim protection has been granted to him. Counsel submits that complainant himself was indulged in gambling and lost the money in gambling. Counsel submits that there are no criminal antecedents of the petitioner and trial will take considerable time in its conclusion. Petitioner is in custody since 15.06.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. They submit that certain amount has been transferred in the account of the petitioner and same has been used by him. 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 parties, especially considering the fact that interim protection has already been granted in favour of the main-accused Jitendra Soni in S.B. Criminal Misc. Petition No.4056/2023; there are no criminal antecedents of the petitioner and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner -Tushar Bariya S/o Birdi Chand Bariya shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together [2025:RJ-JP:30418] (3 of 3) [CRLMB-8274/2025] 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. 7. 7. 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 LALIT MOHAN /180