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2025 DAILYLAW 34400 (RAJ)

PRATEEK GAJRAJ S/O KARMVEER v. STATE OF RAJASTHAN

CRLMB/15584/2024 · 2025-01-29

Ganesh Ram Meena

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:4134] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 15584/2024 Prateek Gajraj S/o Karmveer, R/o Village Palota, Police Station Singhana, Tehsil Buhana, District Jhunjhunu, Presently Ward No. 32, Pilani Road, Chidhawa, District Jhunjhunu (Raj.). (Presently Accused Confined In Central Jail Kota). ----Petitioner Versus State of Rajasthan, through PP ----Respondent Connected With S.B. Criminal Misc. 2nd Bail Application No. 15585/2024 Ashok S/o Shyamlal, R/o Gopal Ki Dhani, Police Station Pacheri, Tehsil Buhana, District Jhunjhunu, Rajasthan. (Presently Accused Confined In Central Jail Kota). ----Petitioner Versus State of Rajasthan, through PP ----Respondent S.B. Criminal Misc. 2nd Bail Application No. 15849/2024 Ranveer Singh S/o Sumer Singh, R/o Kant Via Alsisar, Tehsil Malsisar, Police Station Dhanoori, District Jhunjhunu (Rajasthan) (At Present Confined In Central Jail Kota) ----Petitioner Versus State of Rajasthan, through PP ----Respondent S.B. Criminal Misc. 2nd Bail Application No. 810/2025 1. Ashok S/o Shri Ramsingh, R/o Bangarwa, Police Station Hamirwas, Tehsil Rajgarh, District Churu (Raj.) (Presently Accused Confined In Central Jail Kota). 2. Sandeep Badaliya S/o Shri Ramchandra, R/o Village Baralu, Police Station Loharu, Tehsil Loharu, District Bhiwani, Haryana. (Presently Accused Confined In Central Jail Kota). ----Petitioners [2025:RJ-JP:4134] (2 of 4) [CRLMB-15584/2024] Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Kapil Gupta Ms. Anushree Sharma, assisted by Mr. Ankit Kumar, Mr. Chitransh Saxena & Mr. Sushil Yadav For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 29/01/2025 1. These second bail applications are filed by the accused petitioners u/S 483 BNSS in connection with FIR No. 120/2024, registered at Police Station Vigyan Nagar, District Kota for offences punishable u/S 3/4 of the Public Examinations (Prevention of Unfair Means) Act, 2022 and Sections 66 and 66-D of IT Act and Sections 419, 420 & 120B IPC. Later on charge-sheet was filed for offences punishable u/S 419, 420 & 120B IPC and Sections 66, 66-C & 66-D of IT Act. 2. Heard. 3. Considered the submissions made at bar and also perused the challan papers as well as the orders of framing charges against the accused petitioner by the trial Court. 4. Initially the first information report was lodged in the matter for offences u/S 3/4 of the Public Examinations (Prevention of Unfair Means) Act, 2022 and Sections 66 and 66-D of IT Act and Sections 419, 420 & 120B IPC, however, the charge-sheet was [2025:RJ-JP:4134] (3 of 4) [CRLMB-15584/2024] filed only for the offences punishable u/S 419, 420 & 120B IPC and Sections 66, 66-C & 66-D of IT Act. 5. On conclusion of the investigation, the investigating agency did not found prove the allegations against the accused petitioners u/S 3/4 of the Public Examinations (Prevention of Unfair Means) Act, 2022. 6. The trial Court has also framed the charges against the accused petitioners only for offences punishable u/S 419, 420 & 120B IPC and Sections 66, 66-C & 66-D of IT Act, and the aforesaid offences are triable by the Magistrate. The accused petitioners are in custody since 29.04.2024 i.e. they have remained in custody for about 9 months. 7. The Hon’ble Apex Court in the case of Manish Kumar Vs. State of Rajasthan; SLP (Crl.) No. 10185/2024 has enlarged the accused therein for the similar offences considering the incarceration of about five months. 8 Taking into consideration the overall facts and circumstances of the case and more particularly the fact that the accused petitioners are in custody since 29.04.2024 and the offences for which charges have been framed against them are triable by Magistrate, this Court, without expressing any opinion on merits/demerits of the case, deems just and proper to enlarge the accused petitioners on bail. 9. Accordingly, these second bail applications are allowed and it is directed that accused-petitioners shall be released on bail provided that they furnish a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only)(each), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) [2025:RJ-JP:4134] (4 of 4) [CRLMB-15584/2024] each to the satisfaction of the Trial Court with the stipulation that they shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. (GANESH RAM MEENA),J GAURAV SRIVASTAVA /324-327