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2025 DAILYLAW 25409 (RAJ)

AJAY KUMAR S/O SISHPAL v. STATE OF RAJASTHAN

CRLMB/9387/2025 · 2025-08-18

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:32164] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9387/2025 Ajay Kumar S/o Sishpal, Aged About 23 Years, R/o Sinoyosar, Police Station Sadar Pihova, District Kurushetra, Haryana. (At Present Confined In Sub District Jail, Khetri). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Brahma Prakash For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 18/08/2025 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.92/2025 registered at Police Station Singhana, District Jhunjhunu (Rajasthan) for the offences punishable under Sections 318(4) & 316(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Section 66D of IT Act. After completion of investigation, police filed charge-sheet in this matter. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that alleged offences are triable by Magistrate. Counsel submits that according to the prosecution story, petitioner and co-accused are having joint account wherein complainant has transferred Rs.8,20,000/-. Counsel submits that [2025:RJ-JP:32164] (2 of 3) [CRLMB-9387/2025] matter has been resolved amicably by the parties and entire amount has been paid to the complainant. Counsel submits that on the basis of compromise, co-accused Rohit has been granted benefit of bail by learned Magistrate. It is submitted that trial of the case will take considerable time in its conclusion. Petitioner is in custody since 14.06.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. He submits that one another case of similar nature has been registered against the petitioner. 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 petitioner, as also the fact that co-accused Rohit has been granted benefit of bail by learned Magistrate; alleged offences are triable by Magistrate; charge-sheet has been filed in this matter 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 proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner -Ajay Kumar S/o Sishpal shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together 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 [2025:RJ-JP:32164] (3 of 3) [CRLMB-9387/2025] which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. 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 /193