GAURAV KUMAR @ GOLU S/O RAMCHARAN v. STATE OF RAJASTHAN
CRLMB/13421/2024 · 2025-02-17
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32330 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32330 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:6843] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13421/2024 Gaurav Kumar @ Golu S/o Ramcharan, Aged About 24 Years, R/o Kirwada, Police Station Balghat, District Gangapur City, Rajasthan. (At Present Confined In Sub Jail, Hindaun). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Fateh Ram Meena For Respondent(s) For Complainant(s) : : Ms. Arti Sharma, PP Mr. Dharmendra Jain HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 17/02/2025
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.31/2024 registered at Police Station Balghat, District Gangapur City (Rajasthan) for the offences punishable under Sections 420, 406 & 379 of IPC. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 420, 465, 467, 468, 471 & 381 of IPC and Sections 66 & 43A of IT Act.
2.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that alleged offences are triable by Magistrate. Counsel submits that alleged misappropriated amount has already been refunded in the bank
[2025:RJ-JP:6843] (2 of 3) [CRLMB-13421/2024] account of the complainant. Petitioner is in custody since 30.09.2024 and trial will take considerable time in its conclusion. 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. However, counsel for the complainant does not dispute the fact that alleged amount has been refunded in the bank account of the complainant.
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, as also the fact that alleged misappropriated amount has been refunded in the bank account of the complainant; alleged offences are triable by Magistrate; charge-sheet has been filed and trial will take considerable time; 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 Gaurav Kumar @ Golu S/o Ramcharan 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 which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
[2025:RJ-JP:6843] (3 of 3) [CRLMB-13421/2024]
7. The observation made hereinabove is 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 /86