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2025 DAILYLAW 3706 (RAJ)

ARBAZ S/O NABISHER v. STATE OF RAJASTHAN

CRLMB/819/2025 · 2025-01-27

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:3823] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 819/2025 Arbaz S/o Nabisher, Aged About 19 Years, R/o Shelu, Police Station Kundera, District Sawai Madhopur. (At Present Confined In District Jail, Sawai Madhopur). ----Petitioner Versus State Of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Tarun Jain For Respondent(s) : Mr. Amit Punia, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 27/01/2025 1. This 2nd bail application has been filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR No.325/2024 registered at Police Station Mantown, District Sawai Madhopur for offences under Sections 61(2)(a), 318(4), 319(2), 316(2), 336(3), 338, 340(2) of the BNS, 2023 and Sections 66C and 66D of the Information Technology (Amended) Act, 2008. 2. First bail application filed by the petitioner bearing S.B. Criminal Misc. Bail Application No.13814/2024 was dismissed as withdraw by this Court vide order dated 18.12.2024 with liberty to file fresh fresh bail application after filing of the charge-sheet. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and he is in custody since 16.10.2024. Learned counsel further submits that the Police after [2025:RJ-JP:3823] (2 of 3) [CRLMB-819/2025] completion of investigation has submitted charge-sheet in the matter and the petitioner is no more required for any kind of interrogation or recovery. Learned counsel further submit that except present case no other criminal case is pending against the petitioner. Therefore, the petitioner may be released on bail. 4. Learned Public Prosecutor vehemently opposed the bail application. 5. Considered the submissions made by learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record. 6. Having regard the submissions made by learned counsel for the petitioner so also the fact that the Police after completion of investigation has submitted charge-sheet in the matter and the petitioner is in custody since 16.10.2024, this Court without expressing any opinion on merits and demerits of the case, deems just and proper to enlarge the petitioner on bail. 7. Accordingly, the 2nd bail application is allowed and it is directed that accused-petitioner named above shall be released on bail provided, he furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the trial Court with the stipulation that he 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. 8. It has been brought to the notice of this Court that the accused-persons of particular areas, who are involved in the cases [2025:RJ-JP:3823] (3 of 3) [CRLMB-819/2025] of online fraud, after their release from such a criminal case, often celebrate their release in public. Hence, taking into consideration the aforesaid aspect, a condition is imposed that the petitioner shall not celebrate his release in public and if he is found to be involved in celebrating his release in public, the State shall be at liberty to move the application for cancellation of bail. (GANESH RAM MEENA),J Ashish Kumar/145