[2025:RJ-JP:33206] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8317/2025 Pankaj S/o Subhash Chand, Aged About 21 Years, R/o Banar Police Station, Paniyala District Kotputli -Behror (Presently Confined In Hindaun Jail) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Nonit Hatila Mr. Shubham Yadav For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 21/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Pankaj S/o Subhash Chand in FIR No. 287/2025 dated 04.06.2025 registered at P.S. New Mandi Hindaun District -Karauli, whereby the applicant-accused was charged under Sections 61(2), 318(4) and 316(2) of BNS. 2. The applicant was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available [2025:RJ-JP:33206] (2 of 4) [CRLMB-8317/2025] for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicant-accused in custody. 4. Learned counsel for petitioner submitted that report registered by complainant clearly indicated that he has handed over his bank account and ATM card but he has not mentioned any any specific loss caused by petitioner accused. He further submitted that to constitute an offence of cheating or breach of trust, the essential ingredients are required to be established but in the instant case, it is not established that petitioner has wrongfully gained any valuable property from complainant. He further submitted that police has already filed a charge-sheet and this petitioner is in custody since 16.06.2025. 5. Aforesaid contentions were opposed by learned Public Prosecutor. 6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record. 7. On the basis of report lodged by complainant, the matter is registered and investigated and after investigation, police has filed charge-sheet against Pankaj Yadav but kept pending against Monu and Hitesh under Section 193(9) of BNSS. We have considered statement of complainant recorded under Section 180 of BNSS in pursuant to his complaint lodged to police. In the statement of complainant, no specific loss of money is mentioned by him though he has alleged misuse of bank account and ATM card etc. [2025:RJ-JP:33206] (3 of 4) [CRLMB-8317/2025] 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 9. Thus, the instant bail application filed on behalf of applicant- accused Pankaj S/o Subhash Chand, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. [2025:RJ-JP:33206] (4 of 4) [CRLMB-8317/2025] (ASHOK KUMAR JAIN),J PREETI VALECHA /107