SANDIP KUMAR SON OF SHRI SHITALA PRASAD v. STATE OF RAJASTHAN
CRLMB/9180/2025 · 2025-09-04
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24896 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24896 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:35695] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9180/2025 Sandip Kumar Son Of Shri Shitala Prasad, Resident Of Karuwadih Pratappur Police Station Phoolpur, District Allahabad (U.P.) At Present Confined At District Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Ms. Bobby Dutta For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Pyara Singh (RPS retired) HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 04/09/2025
1. Instant application for bail is filed under Section 483 of BNSS by the applicant-accused Sandip Kumar Son Of Shri Shitala Prasad in FIR No. 428/2014 dated 13.09.2014 registered at P.S. Shahpura, District -Jaipur Rural, whereby the applicant-accused was charged under Sections 420 and 406 IPC.
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, she submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. She further
[2025:RJ-JP:35695] (2 of 4) [CRLMB-9180/2025] assures that in case, the applicant-accused is required the applicant-accused will be available. She also submits that the trial will take time and no purpose will be served by keeping the applicant-accused in custody.
4.
Learned counsel for petitioner submitted that complainant has registered a case against a company named Manav Revolution Infotech which was owned by Vivek Kumar. She further submitted that there is no evidence to show that present petitioner was a director and kingpin of said company, who received money from complainant and others. She further referred shoddy investigation made by police and submitted that without proper investigation, police has closed the matter against main accused Vivek Kumar Anand @ Vivek Singh Rathore. She further submitted that petitioner is an unemployed person and currently pursuing different competitive examinations. She has referred PSC-UP applications filed by petitioner for different posts.
5. Aforesaid contentions were opposed by learned Public Prosecutor. He further submitted that investigation is carried out by Ms. Neha Agarwal and Sh. Pyara Singh (since retired) but they have not filed charge-sheet against Vivek Singh Anand.
6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record.
7. On the basis of complaint lodged by complainant Mukesh against Manav Revolution Infotech about cheating and breach of trust, the matter is investigated. After investigation, police has filed charge-sheet under Section
[2025:RJ-JP:35695] (3 of 4) [CRLMB-9180/2025] 299 Cr.P.C. against Sandeep Kumar and Sandeep Tripathi under Sections 406 and 420 IPC. The petitioner is in custody since 23.06.2025.
8. In pursuant to order dated 18.08.2025 passed by a Co- ordinate Bench of this Court, the Investigating Officer Ms. Neha Agarwal (RPS), Sh. Pyara Singh (since retired) and Mr. Hemraj were called and we have considered their
submissions. It is apparent on record that police has not collected any record of operator of bank accounts maintained in HDFC Bank, IDBI Bank and Axis Bank. The complainant has named three persons Vivek, Sandip Yadav and Sandeep Tripathi, for alleged crime. According to one of the Investigating Officer, Vivek Kumar Anand is an imaginary name and no person exist in his name. Another IO has reported that sufficient evidence is not found against Vivek Kumar, so his name is deleted. The police has not collected KYC details from banks operated by the company, so as to identify accused.
9. 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.
10. Thus, the instant bail application filed on behalf of applicant- accused Sandip Kumar Son Of Shri Shitala Prasad, is
[2025:RJ-JP:35695] (4 of 4) [CRLMB-9180/2025] 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.
11. The Registry is directed to send a copy of this order to the Trial Court through E-mail.
(ASHOK KUMAR JAIN),J PREETI VALECHA /13