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[2025:RJ-JP:31225] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14770/2024 Shubham Ray S/o Premprakash, Aged About 26 Years, R/o K- Block House No. 110A Yashoda Nagar Noubasta District Kanpur U.p. (At Present Confined At Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 16304/2024 Vikas S/o Lalaram, Aged About 22 Years, R/o Village Sargara Mohalla Rohat, P.s. Rohat, District Pali. (At Present Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan with Ms. Faziya G. Khan Mr. Devanshu Sharma with Ms. Vishalakshi Pareek For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Sangram Singh Solanki HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 12/08/2025 S.B. Criminal Miscellaneous Bail Application No. 16304/2024:
1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Vikas S/o Lalaram in FIR No. 264/2024 dated 12.09.2024 registered at P.S. Vigyan
[2025:RJ-JP:31225] (2 of 4) [CRLMB-14770/2024] Nagar District -Kota City, whereby the applicant-accused was charged under Sections 308(6), 308(7), 316(2), 318(4) of BNS and 66D of IT Act.
2. The applicant was arrested on 12.11.2024 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 are no more required by the Investigating Agency for investigation. He also submits that the trial will take its own time and no purpose will be served by keeping the applicant-accused in custody.
4. During course of argument, learned counsel for petitioner submitted that charge upon petitioner is for receiving ₹5 lacs and on suggestion of learned counsel for complainant, petitioner has transferred ₹5 lacs to the complainant. He further submitted that the maximum liability upon the petitioner is only upto ₹5 lacs and after returning ₹5 lacs, nothing survives against him and there is no criminal antecedent against the petitioner in participation in any other cyber criminal activity.
5.
Learned counsel for respondent complainant acknowledged that complainant has received ₹5 lacs from accused Vikas and he has no objection, in case bail is granted to the petitioner.
[2025:RJ-JP:31225] (3 of 4) [CRLMB-14770/2024]
6. Aforesaid contentions were opposed by learned Public Prosecutor.
7. Heard learned counsel for the applicant-accused, learned counsel for respondent and learned Public Prosecutor. Perused the material placed on record.
8. Having considered the submissions and also perused the material placed in record and after considering the return transactions between accused and complainant, the Court deems it appropriate to grant bail to the applicant-accused.
9. Thus, the instant bail application filed on behalf of applicant- accused Vikas S/o Lalaram, 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.
[2025:RJ-JP:31225] (4 of 4) [CRLMB-14770/2024]
10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. S.B. Criminal Miscellaneous Bail Application No. 14770/2024:
1. During course of argument, learned counsel for complainant submitted that complainant has lost ₹8,10,000/- due to act of petitioner and in case ₹8,10,000/- is returned to complainant by the petitioner then he has no objection in grant of bail to the petitioner Shubham.
2. Learned Public Prosecutor has submitted report received from concerned police station and same is taken on record.
3.
Learned counsel for petitioner offers to withdraw instant bail application, hence, same is dismissed as withdrawn.
(ASHOK KUMAR JAIN),J PREETI VALECHA /28-29